Mukesh Kumar Dharte v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5055 of 2017 Mukesh Kumar Dharte S/o Shri Sukhram Dharte, Aged About 35 Years Occupation Service, Forest Guard, Sahaspur Lohara Range, Kawardha ( Durg - Circle ), District Kabirdham Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Forest , Mahanadi Bhawan, Mantrayala, Naya Raipur, Tahsil & District Raipur (Chhattisgarh)

2. Principal Chief Conservator Of Forest, Chhattisgarh, Aranya Bhawan Medical College Road, Raipur (Chhattisgarh)

3. Divisional Forest Officer, Kawardha, (Chhattisgarh)

4. Divisional Forest Officer, Mungeli District Mungeli (Chhattisgarh) ---- Respondents Shri Saurabh Sharma, counsel for the petitioner/s. Shri Chandresh Shrivastava, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/09/2017 Heard.

Learned counsel for the petitioner has placed before the Court circular dated 31-07-2014 issued by the State Government. According to this circular, in the event of transfer of a Field employee from one circle to other circle, his seniority will be at the bottom of seniority list of employees recorded in the same order. It is further submitted that by the impugned order, the petitioner has been transferred from one circle to another circle and that the petitioner's post is Forest Guard. Consequently, his seniority is likely to be affected.

2.

In view of above, as the petitioner has not been transferred on his own request, it is directed that the petitioner shall not be relieved from the present place of posting unless the authority has given a letter that the petitioner's seniority will not be

affected.

3.

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