Tukaram Kathane v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2394 of 2018 Tukaram Kathane S/o Shri Jagoji Kathane, aged about 61 years Working as Senior Agriculture Development Officer, Block Bagbahara, District Mahasamund, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh through The Secretary, Department of Biology & Technical, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur Chhattisgarh.

2. Director, Directorate Agriculture, Raipur, District Raipur Chhattisgarh.

3. Deputy Director, Agriculture District Mahasamund, Chhattisgarh.

4. Senior Agriculture Development Officer, Sub Division Agriculture Officer, Saraipali, District Mahasamund, Chhattisgarh. Sub Divisional Officer, Agriculture Officer, Mahasamund, District Mahasamund Chhattisgarh.

---Respondents For petitioner :

Shri K.S.Pawar, Advocate along with Shri H.B.Agrawal, Sr.Advocate.

For State :

Shri Dheeraj Wankhede, Government Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19/03/2018 1.

The present Writ Petition has been filed assailing the order of transfer dated 14/08/2017.

2.

The petitioner who is working on the post of Senior Agriculture Development Officer, Block Bagbahara, District Mahasamund (C.G.) has been transferred to the office of Deputy Director Agriculture, Raigarh (C.G.). 3.

The only grievance raised by the petitioner is that, he has got a very short tenure left for his retirement and therefore the authorities concerned

may reconsider the order of transfer and may consider not to disturb the petitioner at the fag end of his service.

4.

The State counsel submits that let the petitioner make a detailed representation to the State Government in this regard which shall be considered in accordance with the rules and guidelines framed in this regard.

5.

Given the aforesaid facts and circumstances of the case, this Court is inclined to dispose off the Writ Petition on the admission stage itself with a direction to the petitioner to file a fresh detailed representation within 15 days from today to the respondent No.1 who in turn shall consider the representation particularly keeping in view the fact that the petitioner is aged around 61 years and only a short tenure left for his superannuation and therefore if possible, the petitioner may be permitted to continue at his present place of posting till his retirement. 6.

With the aforesaid direction, the present Writ Petition stands disposed off.

7.

The respondent shall decide the representation of the petitioner within a period of 3 months from the date of presentation of the representation. 8.

Meanwhile it is also directed that till the representation is decided, there shall be the stay of effect and operation of the order of transfer dated 14/08/2017 so far as petitioner is concerned and he would be permitted to discharge his duties at Bagbahara, District Mahasamund where he was posted prior to the issuance of the impugned order.

9.

The Writ Petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Sumit JUDGE