Rakesh Singh Kurrey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.3409 of 2016 Rakesh Singh Kurrey S/o Shri Siyaram Kurrey, Aged About 38 Years Occupation Constable Excise Posted At Office Of The District Excise Officer, Districtkabirdham, R/o At Post Pipariya Hospital Compound, P.S. Pipariya, Tahsil Kawardha, Distirct Kabirdham Chhattisgarh Pin 491995 ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Commiercial Tax Excise Mahanadi Bhawan, New Mantralay, Raipur Chhattisgarh

2. The Under Secretary, Department Of Commercial Tax Excise Mahanadi Bhawan, New Mantralay, Raipur Chhattisgarh 492002

3. The Commissioner, Excise State Of Chhattisgarh Abkari Bhawan, Chhokaranala, Labhandi Raipur Chhattisgarh

4. The Collector, District Kabirdham Chhattisgarh

5. The Assistant Commissioner, Excise District Rajnandgaon Chhattisgarh

6. The District Excise Officer, District Kabirdham Chhattisgarh ---- Respondents For Petitioner :

Shri Anil Mourya, Advocate For Respondent/State :

Shri Gary Mukhopadhyay, Dy.GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 04/08/2016 By the impugned transfer order dated 30-07-2016 (Annexure P-1), the petitioner has been transferred from Kabirdham to neighbouring district Rajnandgaon. Challenge to the transfer order is made only on the ground that wife of the petitioner is posted as Staff Nurse at Pipariya, District Kabirdham on contractual basis. Therefore, as there is policy of the State Government to keep husband and wife together, the transfer order of the petitioner is bad.

2. It is manifest that wife of the petitioner was working as a Staff Nurse on

contractual basis and not as a regular government servant, as such, the policy of State Government to keep husband and wife together is not available to contractual employment. Therefore, no case for interference is made out. 3.

In the result, the petition is dismissed.

SD/- (Manindra Mohan Shrivastava) Judge Tumane