Dr. Ramesh Kumar Pandey v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(S) No. 3490 of 2016 Dr. Ramesh Kumar Pandey, S/o Late Shri Ramavatar Pandey, Aged About 53 Years, R/o Behind Bachpan School, Gurudev Nagar, Mungeli Road, Bilaspur, Police Station Civil Lines Bilaspur, Main Post Office, Bilaspur, Civil And Revenue District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur Chhattisgarh

2. Commissioner, Higher Education, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh

3. G.R. Patle, Assistant Professor (Commerce), Govt. College Shankargarh, District Balrampur Chhattisgarh ---- Respondent ________________________________________________________ For petitioner-Shri Manoj Paranjpe, Advocate. For Respondents/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 12/08/2016 1.

Amongst various grounds, one of the foremost ground of challenge to the transfer order is that it violates the policy of keeping the husband and wife together as far as possible. It is stated that the petitioner is working as Assistant Professor in J.P. Verma P.G. College, Bilaspur and the wife is also posted in the same college as Assistant Professor and the petitioner now by the impugned order has been transferred from J.P. Verma P.G. College, Bilaspur to Government College, Shankargarh, Balrampur. Therefore, the petitioner's case requires consideration. 2.

Learned counsel for the petitioner submits that the petitioner has already filed representation.

3.

As per the petitioner, prima facie it appears that the wife and the petitioner are already working as Assistant Professor in the same J.P.

Verma P.G. College, Bilaspur wherein petitioner was earlier working from where he has been transferred and he has filed representation. 4.

Considering the policy of the government to keep the husband and wife together, if possible and subject to administrative exigency, the representation of the petitioner may be considered and decided by the transferring authority within a period of three weeks from today. 5.

If no one has been posted at the place of the petitioner, the petitioner may not be disturbed till representation is decided. 6.

With the aforesaid observations, the petition is finally disposed off. Sd/- (Goutam Bhaduri) JUDGE gouri