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High Court Of ChhattisgarhWPS/2245/2018allowed

Jitendra Kumar Sahu v. State Of Chhattisgarh

2018-03-13Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.2245 of 2018 • Jitendra Kumar Sahu S/o Shri Suddha Ram Sahu Aged About 41 Years R/o Village And Post Manpasar, P. S. Sarsinwa, District- Balodabajar- Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat Department, Mahanadi Bhawan, Capital Complex, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector, Balodabazar, District- Balodabazar- Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

3. Chief Executive Officer, District Panchayat Balodabajar District- BalodabajarBhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondents For Petitioner :

Shri Sumit Shrivastava, Advocate For Respondent/State :

Shri Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/03/2018 Heard.

1.

The petitioner has remained posted as Lecturer (Panchayat) within the jurisdiction of Zila Panchayat, Raipur. Case of the petitioner is that his wife is working as Assistant Teacher (Panchayat) under the jurisdiction of Zila Panchayat Baloda Bazar, therefore, the petitioner moved an application that he may be considered for transfer from Zila Panchayat Raipur to the jurisdiction of Zila Panchayat Baloda Bazar, but till date, no steps have been taken. 2.

On the other hand, learned counsel for the State would submit that under the existing policy, NOC of Zila Panchayat Raipur and that of Zila Panchayat Baloda Bazar would be necessary for lateral movement of the petitioner from the jurisdiction of one Zila Panchayat to other Zila Panchayat. 3.

Having considered the submissions made by learned counsel for the parties, it would be proper to dispose off this petition with a direction to the

petitioner to move a fresh representation to the Chief Executive Officer, Zila Panchayat, Raipur regarding his transfer to the jurisdiction of Zila Panchayat Baloda Bazar, and on such representation being made, the Chief Executive Officer, Zila Panchayat, Raipur may consider whether it is administratively feasible to grant NOC to the petitioner. In case, NOC is proposed to be granted, the proposal shall be forwarded to the Zila Panchayat, Baloda Bazar, who shall consider the case of the petitioner and if ultimately, NOC is granted, steps may be taken for transfer of the petitioner to the Zila Panchayat, Baloda Bazar as also for appropriate posting. The entire exercise shall be completed within a period of three months.

4.

Accordingly, this petition is finally disposed off. SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane