Sukhlal Darro v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2237 of 2017 • Sukhlal Darro S/o Late Gadaram Darro, Aged About 58 Years Forest Range Narangi, Forest Division South Kondagaon, District Kondagaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Principal Secretary (Forest) Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur, Chhattisgarh

2. Forest Divisional OfÏcer, South Kondagaon, Forest Division Kondagaon, District Kondagaon, Chhattisgarh

3. Deputy Forest Divisional OfÏcer, West Kondagaon, District Kondagaon, Chhattisgarh ---- Respondent For Petitioner Mr. Manoj Paranjpe, Advocate For Respondent/State Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 15/5/2017

1. Heard.

2. Learned counsel for the petitioner would submit that on 30.07.2016, the petitioner, a Forest Range OfÏcer, has been transferred from Forest Range, Narangi, South Kondagaon Forest Division, Kondagaon to Gollapalli, Forest Division, Sukma and posted as Range OfÏcer, though it is wrongly mentioned in the said order that the petitioner is posted as Range OfÏcer, Orange Area, Survey Unit, Kondagaon. He would submit that an ofÏcer working in the scheduled area is not relieved to join at

the transferred place unless the reliever is available and here, such reliever is not available yet the petitioner is sought to be relieved vide Annexure P/1.

3. Considering the submissions made by learned counsel for the petitioner and for the fact that the petitioner's present place of posting is a scheduled area, ends of justice would be served if the petitioner is permitted to file a representation before the respondent authorities to apprise them that no person is available or has appeared to join at the petitioner's place, therefore, he should not be relieved from the scheduled area.

4. It is ordered accordingly.

5. While deciding the representation, it is also to be considered by the respondent authorities that the petitioner is aged about 58 years and there is Policy that a person above 55 years should not be posted from a scheduled area to remote scheduled area.

6. Let the representation be made by the petitioner within a period of one month from today and thereafter, the competent authority shall decide the representation at the earliest, preferably within a period of 03 months.

7. Till the representation is decided, the petitioner shall not be relieved from his present place of posting.

8. The writ petition is accordingly disposed of. Sd/- Judge (Prashant Kumar Mishra) Shyna