Anant Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4909 of 2017 Anant Ram S/o Damrudhar Ram, Aged About 50 Years Presently Working As Mali, Govt. Horticulture Ropani, Duldula, District Jashpur, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Agriculture Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. Assistant Director, Horticulture, District Jashpur, Chhattisgarh. ....Respondents For Petitioner :

Mr. CJK Rao, Advocate For State :

Mr. S.P. Kale, Dy. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/09/2017 Heard.

1. The transfer order is under challenge on the ground that since 2011, the petitioner has been posted and working only in scheduled area and when an occasion arose for transfer to out of the district, the petitioner is again being sent to a scheduled area without considering his case for transfer to nonscheduled area as per provision contained in clause 2.1 of policy dated 03.06.2015.

2. Considering the provision contained in policy dated 03.06.2015, the petitioner ought to be considered for posting outside the scheduled area, subject of course to the administrative exigency considerations. The petitioner has not preferred any representation. Let representation be preferred within 15 days from today and if that is done, the competent authority shall take a decision on petitioner's representation within a period of four weeks. For a period of four weeks, coercive steps shall not be taken against the petitioner to compel him to join at the new place of posting.

3. Accordingly, the writ petition is disposed off. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha