High Court Of ChhattisgarhWPS/918/2019disposed off

Rai Singh Marko v. State Of Chhattisgarh

2019-02-13Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 918 of 2019 Rai Singh Marko S/o Kashiram Marko, Aged About 61 Years, Posted Ranger And Posted At Chirmiri, District Korea Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Forest Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh.

2. Chief Conservator Of Forest, Surguja Circle, Ambikapur, District Surguja Chhattisgarh.

3. Divisional Forest Officer, Forest Division, Chirmiri, District Korea Chhattisgarh.

----Respondents For Petitioner :

Mr. R. Pradhan, Advocate For State :

Ms. Astha Shukla, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 13/02/2019

1. The challenge in the present writ petition is to the impugned order (Annexure P/1) dated 31.01.2019, whereby the services of the petitioner has been ordered to be transferred from Chirmiri to Jashpur.

2. The counsel for the petitioner submits that the petitioner is to retire in May, 2020 i.e. barely about 15 months time is left and by implementation of the impugned order the petitioner and his family would be put to great inconvenience. He further submits that pension papers of the petitioner have also been processed from the present place of posting and if the impugned order is given effect to, then the pension papers would not be promptly processed and he may not receive retiral dues timely.

3. Considering the age of the petitioner and also taking note of the fact that there is only about 15 months time left for superannuation of the petitioner, this Court is of the opinion that ends of justice would meet if petitioner is directed to make a representation to the respondent No.1 within a period of 15 days from today, and if the petitioner makes a representation within 15 days, the respondents shall thereafter consider and decide the representation objectively taking note of the age of the petitioner within a further period of 8 weeks from the date of receipt of representation.

4. Meanwhile, the respondents shall not give effect to the impugned order, so far as the petitioner is concerned.

5. The writ petition thus stands allowed and disposed off. Sd/- (P. Sam Koshy) Judge jyotij