S. P. Chaturvedi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3628 of 2016 • S. P. Chaturvedi S/o Late Shri H. L. Chaturvedi, Aged About 61 Years Working As Block Education Officer, Kusmi, Police Station & Tahsil Kusmi, District Balrampur-Ramanujganj, Chhattisgarh. ---- Petitioner

Versus

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

2. Deputy Secretary Of School Education Department, Mantralaya Capital Complex Mahanadi Bhawan Naya Raipur, District Raipur (Chhattisgarh).

3. District Education Officer, Balrampur Ramanujganj, District Balrampur Ramanujganj, Chhattisgarh.

4. Smt. Shorophina Toppo, Presently Posted As Lecturer At Higher Secondary, School Samri, P. S. Samri, District Balrampur Ramanujganj, Chhattisgarh.

---- Respondents ------------------------------------------------------------------------------------------------------- For Petitioner :

Mr. A.K. Yadav, Advocate For State / Respondents :

Mr. D.R. Minj, Dy. Govt. Advocate No. 1 to 3 on advance copy For Respondent No.4 :

Mr. Rakesh Jha, Advocate ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 11/08/2016 Heard.

1.

Transfer order has been challenged on the ground that the petitioner is going to retire on 30.11.2016 and four months before his retirement, he has been subjected to transfer without seeking his option for posting as per the guidelines in the present Transfer Policy.

2.

On the other hand, learned counsel for respondent No.4 submits that the petitioner has been transferred to a place which is nearby the place of his residence.

3.

Considering that the petitioner is going to retire in four months, ordinarily, the State Government ought to have been taken his option as per provisions of Transfer Policy, therefore, this matter requires consideration by the transferring authority. 4.

It is however, found that the petitioner has not preferred any representation. If he prefers representation within a period of 10 days from today, the same shall be considered and decided by the transferring authority within a period of four weeks. For the next four weeks, the petitioner shall not be compelled to join at the new place of posting, if the person posted in the place of the petitioner has not joined till date.

5.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra