S.R.Banjare v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH AT BILASPUR WP(S) No. 3377 /2016 S.R.Banjare, S/o. Sarju Das Banjare, Aged About 61 Years, Occupation Service, Presently Posted as Sub Divisional Officer (Forest), Jashpur, District Jashpur (Chhattisgarh) Presently R/o. Forest Colony, Milan Chowk, Jashpur, Distt. Jashpur (Chhattisgarh).

---- Applicant

Versus

1. State Of Chhattisgarh, Through the Principal Secretary, Department Of Forest, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (Chhattisgarh)

2. Principal Chief Conservator Of Forest, Chhattisgarh, Raipur (Chhattisgarh).

3. Divisional Forest Officer, Jashpur (Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Rajeev Shrivastava, Advocate.

For Respondents :

Mr. Neeraj Jain, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 11/08/2016 Heard 1.

Challenge in this petition is to the order dated 27.07.2016 (Annexure P-1) whereby the petitioner has been transferred and directed to join to Sub Divisional Officer (Forest) at Bemetara from Jashpur.

2.

Learned counsel for the petitioner would submit that the petitioner is going to retire on 30.06.2018 and as per the policy of the State Government since nearly about 1 year 10 months around is remaining for his retirement, he would having been completed further 10 months, he would have been given the choice to the place of posting as per the policy existing; therefore, for the period he may not be directed to join at Bemetara.

3.

Perusal of the order would show that the petitioner was directed to file an affidavit to show from which date he is posted at Jashpur.

The affidavit shows that the petitioner was rendering his services at Jashpur from 16.08.2012, therefore, considering the fact that transfer being the incident of service, I am not inclined to interfere. However, the petitioner is given liberty to make suitable representation to the Secretary, State Government, narrating all the averments of this petition and in such case if the representation is made within further period of two weeks from today, the same may be decided within a further period of one month. 4.

With such observation, the petition stands disposed off. However, it is directed that till the representation is decided, the effect and operation of the order dated 27.07.2016 (Annexure P-1) shall remain stayed.

Sd/- (Goutam Bhaduri) Judge Ashok