Bisahuram Shyam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2883 of 2015 • Bisahuram Shyam S/o Shri Chaitram Shyam, Aged About 30 years Occupation Service, Working As Panchayat Secretary At Dalamoha, R/o Village Mathpur, P.S. Kukdur, Tahsil Pandariya, District Kabirdham, Chhattisgarh 491559 ---- Petitioner

Versus

1. State Of Chhattisgarh Through- The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Naya Raipur (Chhattisgarh)

2. Deputy Director, Panchayat & Social Welfare, Kabirdham, Tahsil & District Kabirdham, Chhattisgarh

3. The Collector, Kabirdham, District Kabirdham (Chhattisgarh)

4. Chief Executive Officer, Jila Panchayat, Kabirdham, District Kabirdham, Chhattisgarh ---- Respondent For Petitioner Shri Vaibhav P. Shukla, Advocate For Respondent/State Shri Shashank Thakur, GA Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 10/08/2015 1.

With the consent of the learned counsel for the parties, the matter is heard finally.

2.

The petitioner has preferred this writ petition challenging the order passed by the Chief Executive Officer, Jila Panchayat Kabirdham whereby, he has been transferred from the post of Panchayat

Secretary of Gram Panchayat Dalamoha, Janpad Panchayat Pandariya, District Kabirdham to Gram Panchayat Mohtarakal, Janpad Panchayat Pandariya , in the same district, on administrative grounds. 3.

Learned counsel for the petitioner would submit that the subject transfer has been made to a far away place, therefore, the same is arbitrary because, the petitioner is a lowly paid employee. 4.

It is settled law that when the transfer has been made on administrative grounds and the concern employee is raising grounds of violation of policy or any personal difficulty, the same should be considered by the authorities and the Court has limited jurisdiction on the issue.

5.

In view of the aforesaid, the writ petition is disposed of with a direction that the petitioner prefers a representation before the Chief Executive Officer, Jila Panchayat Kabirdham, within a period of 15 days from today, the said authority shall consider and decide the petitioner's representation, on its own merits, at the earliest, preferably within a period of 6 weeks from the date of submission of representation. Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala