Asham Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4309 of 2017 Asham Kumar Sahu S/o Shantu Lal Sahu Aged About 29 Years Posted As Data Entry Operator, Office Of Tahsil Office, Saraipali, District Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through : Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh

2. Under Secretary, State Of Chhattisgarh, Revenue And Disaster Management Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh

3. Collector, Mahasamund, District Mahasamund, Chhattisgarh

4. Narayan Sahu, Data Entry Operation, Posted At Tahsil Office Chhura, District Gariyaband, Chhattisgarh ---- Respondents For Petitioner :

Mr. A.N. Pandey, Advocate.

For State :

Mr. Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/09/2017 Heard.

1. The transfer order is under challenge on the ground that the petitioner has been transferred to accommodate respondent No.4. The other ground is that the parents of the petitioner is old aged and ailing. Therefore, if the petitioner is transferred, it will cause serious hardship.

2. It is not a case where respondent No.4 has been posted on his own request though he had not completed two years of posting. Therefore, it is not a case of malafide accommodation, particularly, when the petitioner has already worked for more than about two years at the present place of posting. The other ground relating to personal difficulty, is a matter for consideration by the departmental authority and not by the writ Court.

3. I do not find any ground to interfere with the transfer order. However, if the petitioner prefers a representation, the same shall be considered and decided within four weeks from the date of submission of representation.

4. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha