Radheshyam Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.4076 of 2016 Radheshyam Baghel S/o Shri R. P. Baghel Aged About 43 Years Rural Agriculture Extension Officer Presently Posted At Office Of Senior Agriculture Development Officer Baramkela, Raigarh Distt. Raigarh (Chhattisgarh) ---- Petitioner

Versus

1.

State Of Chhattisgarh Through : The Secretary To The Govt. Of Chhattisgarh, Department Of Agriculture And Bio- Technology, Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur (Chhattisgarh) 2.

The Director, Agriculture Labhandi, Raipur Distt. Raipur (Chhattisgarh) ---- Respondents For Petitioner :

Mr. Anurag Dayal Shrivastava, Advocate For Respondent-State :

Mr. Shangharsh Pandey, Dy. Govt. Advocate Hon'ble Shri Manindra Mohan Shrivastava, J.

Order on Board 26/08/2016 Heard.

1.

Learned counsel for the petitioner submits that petitioner has been shown to be transferred on his own request to a place, for which, he is not given consent.

2.

Respondent No. 1/State through a responsible officer, shall get inquiry made in the matter. If the petitioner has been transferred to a place, for which, he had not given option, it cannot be said to be a transfer on his own request and in that case, he would be entitled for T.A. and D.A. only. 3.

Considering that the petitioner has already remained posted in the present place of posting for 10 years, I am not inclined to grant interim protection.

4.

However, the competent authority shall consider and decide the matter, in view of the observation made herein-above and appropriate corrected order should be passed within a period of four weeks. 5.

With the aforesaid observation, the petition stands finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Tiwari