Dharmendra Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1444 of 2019 Dharmendra Kumar Sahu S/o Shri Kripal Singh Sahu Aged About 35 Years Assistant Director, Posted At In-Charge Deputy Director, Social Welfare Department, Durg, District Durg Chhattisgarh. R/o Village And Post Raitum, Police Station - Patewa, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Social Welfare Department, Mantralay, Mahanadi Bhawan, Capital Complex, Atalnagar Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Under Secretary Chhattisgarh State, Social Welfare Department, Mantralay, Mahanadi Bhawan, Capital Complex, Atalnagar Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The Director Social Welfare Directorate, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

4. Collector Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondents For Petitioner :

Mr. Dharmesh Shrivastava, Advocate For State :

Mr. Anshuman Shrivastava, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 08/03/2019

1. The grievance of the petitioner in the instant case is to the order of transfer dated 20/02/2019 whereby the petitioner posted as Deputy Director in the office of Social Welfare Department, District Durg has been transferred to Dantewada.

2. The ground of challenge that the petitioner has raised is that wife of the petitioner is also a Government employee and is working as Lab

Technician at District Hospital, Durg. By the impugned order the petitioner now is being shifted to the extreme other end of the State, thereby the entire family life would get disturbed.

3. It appears that the petitioner till date has not made any representation against the said order of transfer highlighting such difficulties to the higher authorities in the department.

4. Given the said fact, let petitioner make a fresh representation to the respondent No.1 in highlighting his difficulties and also referring to the transfer policy of the State Government. Wherein the State Government is casted with a responsibility and try to accommodate husband and wife at the same station, if not, at least to a near by place. On such representation being made respondent no. 1 shall take a decision within a period of 2 months.

5. Meanwhile, it is ordered till the representation of the petitioner is not decided, subject to the petitioner making a representation within a period of 10 days from today, effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed.

6. The writ petition accordingly stands disposed off with the following direction.

Sd/- (P. Sam Koshy) Judge Rohit