Dhruwdas Mahant v. Union Of Indian

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP (S) No.6918 of 2016 Dhruwdas Mahant, S/o Late Nankidas Mahant, age-56 years, Occupation-Junior Assistant (Processing), Weaver Center, Raigarh, R/o Baikunthpur, Raigarh, District-Raigarh (CG) ---- Petitioner

Versus

1. Union of India Through-the Secretary, Ministry of Textiles, Udhyog Bhawan, New Delhi (India)

2. Director (West Zone), Ministry of Textiles, Weaver Service Center, 15 A Mama Parmanand Marg, Mumbai (Maharastra)

3. Development Commissioner for Handloom, Weaver Service Center 15 A Mama Parmanand Marg, Mumbai (Maharastra)

4. Assistant Development Commissioner for Handloom, Weaver Service Center 15 A Mama Parmanand Marg, Mumbai (Maharastra)

5. The Office Incharge, Weaver Service Center, Raigarh (CG) ---- Respondents ------------------------------------------------------------------------------------------------- For Petitioner : Mr.Amit Sharma, Advocate For respondents : Mr.Rajkumar Gupta, Standing Counsel ------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 20/12/2016

1. The petitioner is an employee of Weavers Service Center run by the respondent-Union of India. The petitioner has approached this Court by filing this writ petition because presently there is neither Circuit Bench sitting at Bilaspur nor even Principal Bench at Jabalpur is available till 15th January, 2017.

2. The transfer order dated 29th July, 2016 by which the petitioner has been transferred from Raigarh to Nagpur is under challenge mainly on the ground of personal difficulty that the petitioner is suffering

from spinal disc prolapse and for that reason the petitioner is unable to move. He has already been advised rest and is presently on medical leave.

3. The ground on which the transfer order is sought to be challenged is essentially of personal difficulty.

4. If the petitioner has any medical problem, he is entitled to avail medical leave. However, the petitioner's right to represent will remain intact. If the petitioner prefers representation to the transferring authority, the transferring authority shall consider and decide the same as early as possible preferably within a period of four weeks from the date of receipt of the representation. If the petitioner is not able to perform duty, he can satisfy the authority to extend his medical leave.

5. With the aforesaid observation, the writ petition stands disposed off. No order as to cost(s).

Sd/- (Manindra Mohan Shrivastava) Judge B/-