Ramesh Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2004 of 2019 Ramesh Tiwari S/o Late Shri R.P. Tiwari, Aged About 61 Years Working As Assistant District Excise Officer, Office Of Deputy Excise Commissioner, Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Commercial Tax (Excise ) Department, Mantralaya, Atal Nagar, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Under Secretary, Government Of Chhattisgarh, Commercial Tax (Excise ) Department Mantralaya, Atal Nagar, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The Collector, Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Raghvendra Pradhan, Advocate For State :

Mr. Sameer Behar, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 19/03/2019

1. The challenge in the present writ petition is to the order Annexure (P1) dated 08/03/2019 whereby the petitioner has been transferred from Raipur to Kondagaon.

2. Counsel for the petitioner submits that the challenge to said order is on two grounds. Firstly, the petitioner has been subjected to four transfer within a period of one and half years. Second ground raised by the petitioner is that there is only around 14 months of service left to retirement. Counsel for the petitioner drew the attention of this

Court to the previous orders of transfer which were issued in respect of the petitioner. Details of which are shown in the chart given below:- Serial No.

Date From To 22/08/2017 Mahasamund Raipur 30/07/2018 Raipur Gariyaband 14/09/2018 Gariyaband Raipur 08/03/2019 Raipur Kondagaon

3. Perusal of the records show that the petitioner is attaining the age of superannuation in May, 2020 as such he has got only around 14 months of service left for his retirement.

4. Given the said facts and circumstances of the case, let petitioner make a detailed representation to the respondent No. 1 raising both these grounds which the petitioner has raised in this writ petition within a period of 10 days from today. That on receipt of the same, the respondent No. 1 in turn taking into consideration the transfer policy applicable in the State ans also the age of the petitioner and the transfers which the petitioner has been subjected to pass a fresh order within a period of 45 days from the date of receipt of copy of this order.

5. Till the representation of the petitioner is decided, subject to the petitioner making a representation within a period of 10 days from today, effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed.

6. Writ petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Rohit