Anuj Bhargav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2819 of 2017 Anuj Bhargav S/o Shri S. R. Bhargav, (The Then Technical Conveyer, Janpad Panchayat Malkhaorda District Janjgir Champa Chhattisgarh. Presently Working as Sub Engineer, Project Execution Unit No.3 Chhattisgarh Rural Development Department, Kondagaon, Civil & Revenue District Kondagaon Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Additional Chief Secretary, Department Of Panchayat & Rural Development, Mahanadi Bhawan, New Raipur Chhattisgarh.

2. The Deputy Secretary, Department Of Panchayat & Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh.

3. Chief Executive Officer, Department Of Rural Engineering Service, Raipur Civil & Revenue District Raipur Chhattisgarh ---- Respondents For Petitioner : Mr. P.M. Shriwas, Advocate For State : Mr. Satish Gupta, Government Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 04/07/2017 Heard.

1. The sole grievance raised by the petitioner in the present writ petition is that the petitioner is posted as a Sub-Engineer, Project Execution Unit No.3, Chhattisgarh Rural Development Department, Kondagaon and that his wife is posted as a Lecturer (Vyakhyata) at Government High School Kirana, Block Pathariya, District Mungeli.

2. Learned counsel for the petitioner submits that the policy of the transfer of the State Government reflects that the State should make all endevour for keeping the husband and wife together as far as possible at the same station. Therefore, he makes the request that the respondents may consider the case of the petitioner also to be posted at a place whereby his wife is posted and his minor children also are staying.

3. Be that as it may, this Court in exercise of its writ jurisdiction cannot issue an order to the respondents- authorities directing them to place the petitioner at a particular place.

4. 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.

5. 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.

6. With the aforesaid observation, the writ petition is finally disposed off. Sd/- (P.Sam Koshy) J U D G E Rekha