V.S.Diwan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4304 of 2017 V.S. Diwan, S/o Late Parasram Diwan, aged about 57 yrs., R/o Professor Colony, Raipur, Sector-2, Street No.3, House No.S-3/26, Near Mother Pride School, Raipur, District Raipur (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh, through Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur (CG)

2. Superintending Engineer, Water Resources Department, Indrawati Project Circular, Jagdalpur, District Bastar (CG)

3. Executive Engineer, Water Resources Division, Jagdalpur, District Bastar (CG) ---- Respondents For Petitioner :

Mr. Prasoon Agrawal, Advocate.

For State :

Mr. Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/09/2017 Heard.

1. The transfer order is under challenge on the ground that the petitioner is being transferred from one station to the other station within the scheduled district and in this manner, the petitioner is continuing in scheduled area for since last 37 years.

2. Presently, the petitioner is being posted only within the district and it is not a case where the petitioner is being transferred from one scheduled area to another scheduled district. Present is a case of intra-district transfer and not inter-district transfer from one scheduled area to the other scheduled area. It is found that the petitioner has not filed any representation expressing his willingness that now he should be sent outside the scheduled area.

Let the petitioner prefer a representation and if that is done, the same shall be considered and decided by the respondent authority in accordance with law so that whenever an occasion arises for transfer of the petitioner in future, he should be considered for transfer outside the scheduled area.

3. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha