Y.P.Ahuja v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.3164 of 2017 • Y.P.Ahuja S/o Late Shri J. S. Ahuja, Aged About 59 Years OccupationService- Assistant Engineer ( Vi/ya) Public Health Engineering, Sub Division, Ambikapur, District Surguja, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Public Health Engineering, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. Executive Engineer, ( Vi/ya ) Public Health Engineering, Division Ambikapur, District Surguja, Chhattisgarh.

3. Shri P. K. Jaiswal, Occupation- Service- Assistant Engineer ( Vi/ya), Public Health Engineering, Sub Division, District Janjgir-Champa, Chhattisgarh.

---- Respondents For Petitioner :

Shri Vinay Pandey, Advocate For Respondent/State :

Shri Satish Gupta, GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/07/2017 Heard.

2.

Transfer order dated 12-07-2017 (Annexure P/1) is being challenged on the ground that even though, the petitioner has not completed one year at the present place of posting.

3.

The only ground of challenge in this petition is frequent transfer within a period of 11 months.

4.

On the other hand, learned State counsel submits that if the petitioner prefers representation in accordance with the provisions of Transfer Policy of

the State Government, it shall be duly considered by the competent authority. 5.

Considering that within a period of 11 months, the petitioner has been shifted from the present place of posting, it would be proper to protect the petitioner by an interim order, till his representation is decided. 6.

In view of above, it is observed that if the petitioner prefers representation before the respondent authority within a period of 15 days from today, his representation shall be duly considered and decided by the respondent authority preferably within a period of three weeks from the date of receipt of representation. Till decision on the representation of the petitioner, no coercive steps shall be taken against the petitioner to compel him to transfer pursuant to impugned order.

7.

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