Nandlal Singh Shyam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6254 of 2016 • Nandlal Singh Shyam S/o Shri Chamru Ram Shyam, Aged About 33 Years Assistant Teacher (Panchayat), At Primary School Muriyapara Janpad Panchayat Konta, R/o Village And Post Arrabor Janpad Panchayat, Konta, District Sukma (Chhattisgarh) ---- Petitioner

Versus

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

2. Chief Executive Officer, Zila Panchayat, Sukma, District Sukma (Chhattisgarh)

3. Chief Executive Officer, Zila Panchayat Janjgir Champa, District Janjgir Champa (Chhattisgarh)

4. Chief Executive Officer, Janpad Panchayat Konta, District Sukma (Chhattisgarh)

5. Chief Executive Officer, Janpad Panchayat Maalkharoda, District Janjgir Champa (Chhattisgarh) ---- Respondents -------------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Mateen Siddiqui, Advocate For State :

Mr. B. Gopa Kumar, Dy. Advocate General ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/11/2016 Heard.

1.

The petitioner has filed this petition seeking a direction to respondents to post the petitioner to a place nearby the place of posting of his wife as per the policy dated 02.03.2016.

2.

Learned counsel for the petitioner submits that there exists a policy dated 02.03.2016 to keep husband and wife at one place. Presently, the petitioner is posted in District Sukma whereas his wife is posted in District Janjgir-Champa, therefore, a direction may be issued. 3.

The Government has come out with a policy of postings and transfers in which, there is a provision for consideration of posting of husband and wife together as far as possible, subject to administrative exigency. 4.

In view of above, it is observed that as and when occasion arises for shifting the petitioner from the present place of posting, the transferring

authority shall also keep in mind the policy of the State Government of keeping the husband and wife together as far as possible, subject to administrative exigency. The respondents shall decide petitioner's representation as early as possible.

5.

With the aforesaid observation, the petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Chandra