Kuldeep Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4670 of 2016 Kuldeep Singh S/o Shri Sobhran Singh, Aged About 33 Years R/o Village Pondi Bachra, Tehsil Khadgawan, District Koriya, (Chhattisgarh) ---- Petitioner
Versus
1. State Of Chhattisgarh Through- Secretary, Department Of Forest, Mantralaya, Mahanadi Bhawan, Naya Raipur, (Chhattisgarh)
2. Divisional Forest Officer, Koriya Forest Division, Baikunthpur, District Koriya, (Chhattisgarh)
3. Khelsai Pandey, S/o Late Sampooran Ram, Aged About 22 Years R/o Village Patrapoli, Baikunthpur, District Koriya, (Chhattisgarh) ---Respondents For Petitioner :
Shri Pushkar Sinha, Advocate For State :
Shri B.Gop Kumar, Dy. A.G.
S.B.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09/12/2016 Heard.
1.
This petition is directed against order dated 30.08.2016 by which the petitioner's representation against transfer has been rejected. 2.
Earlier the petitioner had approached this Court aggrieved by the transfer order and direction was given by this Court to consider his representation. The transferring authority has considered the representation but rejected the same vide order dated 30.08.2016 stating that due to exigency of service, it has become necessary to transfer the petitioner.
3.
In view of the exigency of service as the ground for transfer, the petitioner cannot claim as of right, that he should be posted at the same station where his wife has been posted. The transfer policy of keeping
husband and wife together is always subject to exigency of service and public interest. Therefore, I am not inclined to interfere with the impugned order. However, in the next transfer season, the petitioner may repeat his request, the transferring authority to explore possibility whether it is feasible, subject to exigency of service, to place the petitioner at or nearby station where the wife of the petitioner has remained posted. Even the wife of the petitioner may apply for transfer to the place whether the petitioner has been presently posted under the impugned order. 4.
The petition is disposed off.
Sd/- (Manindra Mohan Shrivastava) Judge Rekha