Chain Singh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3681 of 2016 • Chain Singh Sahu S/o Shri Phundru Ram Sahu, Aged About 54 Years Assistant Internal Audit And Taxation Officer Janpad Panchayat, Bodla District Kabirdham, Civil & Revenue District Kabirdham (Chhattisgarh).

---- Petitioner

Versus

• State of Chhattisgarh Through : Chief Secretary, General Administration Department, Indrawati Bhawan, Mantralaya, Naya Raipur (Chhattisgarh), Civil & Revenue District Raipur (Chhattisgarh), 492002.

• Upper Chief Secretary, Directorate, Panchayat And Rural Development, Indravati Bhawan, Naya Raipur (Chhattisgarh), Civil & Revenue District Raipur (Chhattisgarh), 492002. • Commissioner Cum Secretary, Directorate, Panchayat And Rural Development, Indravati Bhawan, Naya Raipur (Chhattisgarh), Civil & Revenue District Raipur (Chhattisgarh), 492002. • Upper Secretary, Directorate, Panchayat And Rural Development, Indravati Bhawan, Naya Raipur (Chhattisgarh), Civil & Revenue District Raipur (Chhattisgarh), 492002.

• Chief Executive Officer, Janpad Panchayat, Bodla District Kabirdham, Civil & Revenue District Kabirdham (Chhattisgarh). ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Ms. Meena Shastri, Advocate For State / :

Mr. S.P. Kale, Dy. Advocate General Respondent Nos. 1 to 4 on advance copy --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/08/2016 Heard.

1.

The transfer order is under challenge on the ground that after completion of 12 years of posting at the same place the petitioner has applied for transfer at a place of his option i.e. Janpad Panchayat, Dhamdha, District Durg, however, the petitioner was sent to the Office of Deputy Director (Panchayat), District - Mungeli. It is submitted that in case the option is accepted, the petitioner will

not have to undergo frequent transfer. It is further submitted that in these circumstances, the petitioner may suffer on account of irregular payment of salary.

2.

As far as apprehension of non-payment of salary is concern, it is wholly unfounded. Option given by an employee does not bind the Government to post him according to his option. It is for the transferring authority to consider the matter and not by the Court. However, the petitioner would be at liberty to pursue representation. 3.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra