Balraj Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4106 of 2016 • Balraj Singh S/o Late Shri Uday Raj Singh Aged About 49 Years Occupation Service Forest Range Assistant, Circle Jamghana, Forest Divison, Koriya, District Koriya Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Its Secretary, Department Of Forest, Mahandi Bhawan, Naya Raipur Chhattisgarh • Divisional Forest Officer, Forest Divison Manendragarh, District Koriya Chhattigarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Vinay Pandey, Advocate For State :

Mr. Dhiraj Wankhede, Government Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/08/2016 1.

The transfer order has been challenged on the ground that the petitioner is being transferred within the same district, where he has remained posted without considering his case for transferring him to non-scheduled area as contemplated in Circular dated 03.06.2015 which says that Government Servant of scheduled area cannot be relieved in case reliever has not joined. According to the petitioner, the petitioner has remained posted in the scheduled area since last 22 years.

2.

Considering the aforesaid submission, particularly, taking into consideration that the petitioner is being continued in the scheduled area only for the last 22 years, it would be appropriate to direct respondents to consider the case of the petitioner for his transfer to another area outside the scheduled area as per Circular

dated 03.06.2015 read with Transfer Policy dated 11.06.2016 in case the petitioner would prefer representation within a period of 10 days from today, the same shall be considered and decided within a period of four weeks.

3.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra