Riman Singh Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.2157 OF 2019

1. Riman Singh Thakur S/o P.S. Thakur Aged About 51 Years Project Officer, Zila Panchayat, Mungeli District Mungeli Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya Naya Raipur, Ata Nagar, Post Office And Police Station Naya Raipur, Atal Nagar District Raipur Chhattisgarh.

2. Under Secretary, Development Of Panchayat And Rural Development Mahanadi Bhawan, Mantralaya, Naya Raipur, Ata Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur Chhattisgarh.

3. Commissioner Bilaspur Division, Bilaspur Chhattisgarh.

4. Collector Mungeli, District Mungeli Chhattisgarh.

5. Zila Panchayat Mungeli, Through The Chief Executive Officer, Zila Panchayat, Mungeli District Mungeli Chhattisgarh. ... Respondent(s) For Petitioner :

Shri BD Guru, Advocate.

For Respondent-State :

Ms. Astha Shukla, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 27.03.2019

1. The challenge in this petitioner is to the order of transfer dated 20.02.2019 whereby the petitioner has been transferred from Mungeli to Raigarh.

2. The contention of the petitioner assailing the order of transfer is that the petitioner has been subjected to frequent transfer. The petitioner earlier was posted at Bilaspur in the year, 2016 from where he was transferred to Nawagarh-Bemetara vide order dated 23.11.2016. Subsequently in just about one year time he was transferred from Bemetara to Korba vide order dated 11.08.2017. In just about one year time, the petitioner was again transferred from Korba to Mungeli vide order dated 28.07.2018 and having put in just about 6-7 months of service, the petitioner has again been subjected to transfer from Mungeli to Raigarh.

3. According to the petitioner, he has been subjected to transfer practically every year in the last four consecutive years and this frequent shifting of the petitioner is causing great inconvenience both on the personal front as also on the family side. Further, the petitioner has a daughter who is suffering from 40 percent disability (mental disorder).

4. Given the aforesaid factual matrix of the case, let the petitioner make a detailed representation to the respondent No.1 within a period of 10 days from today and the respondent No.1 in turn shall consider the representation of the petitioner in accordance with transfer policy and the guidelines issued by the State Govt. in this regard and also taking a sympathetic consideration so far as the petitioner being subjected to frequent transfer as also the medical condition of the petitioner's daughter and pass an appropriate order at the earliest preferably within a further period of 30 days.

5. Till the representation of the petitioner is decided by the respondent No.1, it is ordered that the effect and operation of the impugned order so far as petitioner is concerned, shall remain stayed.

6. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder