High Court Of ChhattisgarhWPS/4957/2017disposed off

Rijhan Ekka v. State Of Chhattisgarh

2017-09-25Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4957 of 2017 Rijhan Ekka S/o Jago Ekka, Aged About 45 Years Caste Uraon R/o Budha Bagicha, Post Rajpur, Working As Rural Agriculture Extension Officer Area Sewari, Block Rajpur District Balrampur Ramanujganj Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Krishi Evam Jaiv Prodyogiki Vibhag, Mahanadi Bhavan Mantralaya, New Raipur, Police Station Rakhi District Raipur Chhattisgarh.

2. The Director, Agriculture, Raipur District Raipur Chhattisgarh.

3. Deputy Director, Agriculture Balrampur District Balrampur Ramanujganj Chhattisgarh.

4. The Collector, Balrampur Ramanujganj Chhattisgarh. ---- Respondents For Petitioner :

Mr. P.K. Patel, Advocate For Respondent/State :

Mr. Satish Gupta, Government Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 25/09/2017 Heard.

1. The transfer order is under challenge on the ground that in the entire service since 2002, the petitioner has only remained posted in the scheduled area and presently, when an occasion arose for considering the petitioner's posting outside the scheduled area, in terms of provision contained in clause 2.1 of the policy dated 03.06.2015, without any

consideration, the petitioner is again being transferred to scheduled area in District Jashpur.

2. In view of the provision contained in clause 2.1 of policy dated 03.06.2015 those who have worked in the scheduled area are required to be considered for posting outside the scheduled area. Therefore, the case of the petitioner would require consideration upon verification of facts regarding his posting in scheduled area.

3. The petitioner has not preferred any representation. If the petitioner prefers representation within two weeks, the same shall be considered and decided in four weeks. For a period of six weeks, no coercive steps shall be taken against the petitioner to compel him to proceed on transfer. It would be open for the petitioner to raise other grounds in the representation which may also be taken into consideration along with consideration based on policy under clause 2.1 of circular dated 03.06.2015.

4. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha