Pitambar Lal Kunjam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4787 of 2017 • Pitambar Lal Kunjam S/o Shivram Kunjam, Aged About 59 Years R/o Mararpara Kondagaon District Kondagaon, Presently Posted As A Patwari Office Of The Collector, Land Record Section, District Narayanpur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department Raipur Chhattisgarh.

2. The Commissioner, Land Records Indrawati Bhavan, New Raipur Chhattisgarh

3. The Collector, Jagdalpur District Narayanpur Chhattisgarh.

4. Deputy Collector, District Narayanpur Chhattisgarh. ---- Respondents For Petitioners :

Shri Vikash Shrivastava, Advocate For Respondent/State :

Ms. Sunita Jain, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/09/2017 Heard.

2.

The petitioner has filed this petition being aggrieved by rejection of his claim for consideration of transfer outside the scheduled area on the ground that the petitioner has remained posted in the scheduled area since 2003 continuously and when application was made in this regard, the same was not forwarded to the higher authority on the ground that unless the petitioner suggest name of any employee, who could be posted in his place, his request cannot be forwarded. 3.

Transfer Policy dated 03-06-2015 provides that a government servant posted in a scheduled area for a long time, he is to be considered for posting outside the scheduled area. The policy nowhere obliges the government servant to arrange for his

substitute. It is for the government to examine the request in accordance with transfer policy.

4.

In view of above, this petition is finally disposed off with a direction to respondent No.1 to consider and take decision on the representation of the petitioner, in accordance with transfer policy, within a period of 8 weeks from the date of receipt of a copy of this order.

Sd/- (Manindra Mohan Shrivastava) Judge Tumane