Ram Narayan Tati v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4620 of 2017 • Ram Narayan Tati S/o Shri Malliya Tati, Aged About 62 Years Incharge Block Education Officer, Tokapal, District Bastar, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Raipur, District Raipur, Chhattisgarh.

2. The Secretary, Tribal Welfare And Development Department, Mantralaya Raipur, District Raipur, Chhattisgarh.

3. Shri Ramakant Pandey, Lecturer, D I E T Bastar, District Bastar, Chhattisgarh.

---- Respondents For Petitioner :

Shri Keshav Dewangan, Advocate For Respondent/State :

Shri Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/09/2017 Heard.

2.

Transfer order is under challenge on the ground that the petitioner has been transferred when he is going to retire within a period of less than one year i.e. on 31-03-2018, therefore, he is entitled for consideration in the home district or in the district of his option as per Clause 1.9 of the Transfer Policy dated 11-07-2017.

3.

It is submitted that the petitioner's home district is Bastar and the petitioner intends to continue in the same district. It is also submitted that the petitioner is presently posted in the home district Bastar.

4.

Taking into consideration the submission made above and that the transfer order has been passed in violation of clause 1.9 of the transfer policy, this matter would require consideration. The petitioner has not filed representation. In case, representation is filed by the petitioner along with a copy of this order before the transferring authority within a period of 15 days from today, the same shall be considered and decided within a period of four weeks from the date of receipt of representation. 5.

For a period of six weeks, no coercive steps shall be taken against the petitioner.

6.

Accordingly, this petition is finally disposed of. Sd/- (Manindra Mohan Shrivastava) Judge Tumane