Ashutosh Sharma v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4032 of 2016 Ashutosh Sharma S/o Late U. N. Sharma, Aged About 51 Years Sub Engineer, Chhattisgarh R.R.D. Agency, Kanker, Post & Thana Kanker, District Kanker, (Chhattisgarh) ---- Petitioner

Versus

State Of Chhattisgarh Through: The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, New Raipur, (Chhattisgarh) ---- Respondent For Petitioner : Shri Somkant Verma, Advocate For Respondent-State : Shri Sangharsh Pandey, Dy.G.A. S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 24/08/2016 Heard on admission.

1. Learned counsel for the petitioner submits that though the petitioner has remained posted continuously in scheduled area for the last 32 years and by the impugned order, he has again been transferred to another scheduled area. He submits that in such case, there is policy of the State Government to consider posting outside the scheduled area under clause 2.1 of circular dated 03.06.2015.

2. It is found that the petitioner has approached this Court without preferring any representation in that regard. Therefore, I am not inclined to interfere with the transfer order. It will, however, be open for the petitioner to prefer representation before the competent authority to claim posting out side

-2the scheduled area according to the Government Policy within a period of ten days from today. If such representation is made, the competent authority shall take a decision on the representation within a period of four weeks from the date of receipt of the representation along with copy of this order. For a period of four weeks, no coercive steps shall be taken against the petitioner, provided that nobody has joined at the place of the petitioner.

3. With the aforesaid observations, the petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Rekha