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High Court Of ChhattisgarhWPS/4636/2016dismissed

Muralidhar Sinha v. State Of Chhattisgarh

2016-09-22Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4636 of 2016 Muralidhar Sinha S/o Bithura Ram Aged About 58 Years Internal Account Examiner And Taxation Officer At Janpad Panchayat Patthalgaon, District-Jashpur, Chhattisgarh. R/o Kharsiya Naka Road, Ward No. 5, Raigarh, Civil And Revenue District-Raigarh, Chhattisgarh.

---- Petitioner

Versus

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

2. The Under Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya Raipur, District-Raipur, Chhattisgarh.

3. The Collector Jashpur District-Jashpur, Chhattisgarh. ---- Respondents Shri C.P.Lahare, counsel for the petitioner/s. Shri Chandresh Shrivastava, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/09/2016 Heard.

The transfer order is under challenge on the ground that the petitioner substantively holds the post of Internal Accounts Examiner and Taxation Officer whereas he is being shown on a lower post and transferred as Assistant Internal Accounts Examiner and Taxation Officer.

2.

On the last date of hearing, counsel for the petitioner was directed to place on record the order of promotion by which the petitioner has been promoted to the post of Internal Accounts Examiner. The petitioner has placed on record order dated 15/07/2010.

3.

It is not an order of promotion but merely an order of posting under interim arrangement. This clearly shows that this posting is only an interim arrangement

of current charge of affairs and the petitioner substantively continues the charge of the office of Assistant Internal Accounts Examiner and not as Internal Accounts Examiner.

4.

Therefore, the impugned order does not suffer from any illegality. The petition is accordingly dismissed.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti