← Library
High Court Of ChhattisgarhWPS/1216/2015disposed off

Murari Das v. State Of Chhattisgarh And ORS.

2015-10-26Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1216 of 2015 Murari Das S/o Damodar Das Aged About 58 Years Occupation Service, Presently Posted and Working as Assistant Grade II in the Office of Collector, Bastar, Jagdalpur, (Chhattisgarh) R/o Amaguda, Jagdalpur, District Bastar, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh, through the Secretary, Department Of Revenue & Disaster Management, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur, (Chhattisgarh)

2. Commissioner, Bastar Division, Jagdalpur, Bastar (Chhattisgarh)

3. Collector, Bastar, District Bastar (Jagdalpur) (Chhattisgarh)

4. Collector Kondagaon, Distt. Kondagaon, (Chhattisgarh) ---- Respondents For Petitioner :

Mr.Rajeev Shrivastava, Advocate For Respondents :

Mr. Yashwant Singh Thakur, Dy.Advocate General Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 26/10/2015 1.

By this writ petition under Article 226 of the Constitution of India, the petitioner has questioned the legality and propriety of the order dated 24.12.2011 (Annexure P/1) passed by the Additional Secretary, Revenue and Disaster Management Department, by which services of the petitioner (Assistant Grade-II) were transferred.

2.

Since the post of Assistant Grade-II was not vacant at the transfer place, the petitioner was not allowed to join at the new place of posting and he remained working in original place. Thereafter, by order dated 26.3.2015 the petitioner has been directed to be relieved from District Office, Jagdalpur to District Office, Kondagaon. Against which this writ petition has been filed. 3.

Mr.Rajeev Shrivastava, learned counsel appearing for the petitioner

would submit that the petitioner is an original employee of District Bastar (Jagdalpur) and he has been sent to newly constituted district Kondagaon. Against which, the petitioner made representations dated 30.12.2011 & 11.8.2014 through its Union and respondent No.3 by order dated 30.5.2012 (Annexure P/9) has informed the actual status of service of the petitioner, but the respondent No.2 by order dated 26.3.2015 has relieved the petitioner and as such, his case has not been considered in accordance with law. 4.

In view of above, the petitioner is directed to make a fresh representation to the State Government within two weeks from today highlighting his all grievances raised in this petition and in turn, the State Government will take a decision within 10 weeks from today in accordance with law by speaking/reasoned order.

5.

Accordingly, the writ petition is disposed off with the above-stated direction. Since the interim order is in operation from 10.4.2015, it will remain in force till the representation is finally decided by the State Government and result of consideration is informed to the petitioner. No order as to cost (s). Sd/- (Sanjay K. Agrawal) JUDGE B/-