Rajkumar Patel v. The State Of Chhattisgarh And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1259 of 2015 • Rajkumar Patel S/O Shri Ram Jhul Patel Aged About 42 years, OccupationPatwari, Hlka No. 4, O/o Up-Tahsildar Beltara, P.S. Ratanpur, Tahsil Bilaspur, District Bilaspur, (Chhattisgarh) ---- Petitioner

Versus

1. The State Of Chhattisgarh, Secretary, Department Of Revenue, Mahanadi Bhawan, New Mantralaya, District Raipur, (Chhattisgarh)

2. The Collector, District Bilaspur, (Chhattisgarh) ---- Respondents For Petitioner : Shri Sandeep Dubey, Advocate For Respondent/State : Shri A.V. Shridhar, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 10/04/2015 1.

By preferring W.P.(S) No.4118/2014 the petitioner, who is a Patwari, had assailed his transfer from Halka No.4 Up-Tahsil Beltara, Tahsil Bilaspur to Jashpur, District Jashpur, Surguja Division. By order dated 14/08/2014 the writ petition was disposed of with a direction that in the event petitioner prefers a representation, the competent authority shall consider and decide the same within a period of four weeks. In the said writ petition the petitioner had raised a ground that the transfer order would affect his seniority because seniority of Patwaris is maintained district-wise.

2.

By the impugned order the representation preferred by the petitioner has been dismissed by a non-speaking order.

3.

It is to be seen that while allowing representation preferred by a similarly

placed Patwari namely Shri Jeevan Lal Sahu the Grievance Redressal Committee observed in Annexure P/5 that post of Patwari is a district cadre post, therefore, inter district transfer would affect seniority. 4.

In view of the foregoing, the writ petition is disposed of with a direction to the respondent No.1 to re-consider petitioner's representation and pass a speaking and reasoned order at the earliest.

5.

Till the petitioner's representation is decided, he shall be allowed to continue at the present place of posting.

JUDGE Kamde