Ramesh Kaushik v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4010 of 2016 • Ramesh Kaushik S/o Late S. Kaushik, Aged About 58 Years Dreser, Grade I, Primary Health Center Kachnar, Block Bakawand, Post & Thana Bastar, District Bastar Chattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secreary, School Education Department, Mahanadi Bhawan, New Raipur Chhattigarh
2. The Collector, Baste Jagdalpur, District Baster Chhattisgarh
3. Shri Damru Singh Thakur, Dreser Grade I, Civil Hospital Bhanpuri, Block Baster, District Bastar Chhattisgarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :
Mr. Somkant Verma, Advocate For State :
Mr. S.P. Kale, Dy. Advocate General --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 24/08/2016 Heard on admission.
1.
The transfer order is under challenge on the ground that within a period of less than one year from the date of joining at the present place of posting, the petitioner has been transferred to Community Health Centre, which is about 50-55 k.m. away from present place of posting.
2.
Present transfer policy provides that an employee shall not ordinarily be transferred unless he/she completes one year of posting. It is found that though the petitioner was transferred to the present place vide order dated 20th July, 2015, he was relieved on 3.8.2015 and then he joined at the present place of posting on 4.8.2015. The present transfer order has been passed on 29.7.2016.
3.
The Collector/respondent No.2 shall consider the aforesaid aspect of short stay of the petitioner and decide whether in these circumstances, transfer could be cancelled on this count unless
there is any acute exigency of shifting the petitioner to Kachnar. Let it be done by the Collector within 2 weeks from the date of receipt of copy of this order.
4.
For a period of 2 weeks, coercive steps shall not be taken against the petitioner.
5.
With the aforesaid observation/direction, the petition is disposed off.
Sd/- (Manindra Mohan Shrivastava) Judge Chandra