D. P. Yadav Dhaneshwar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3378 of 2015 • D. P. Yadav ( Dhaneshwar Yadav ) S/o. Late Shri Sukh Ram Yadav, Aged About 61 Years R/o Pacharipara, Durg Post & Thana Durg. District Durg. (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through : The Secretary, Agriculture, Department, Mahanadi Bhawan, New Raipur (Chhattisgarh).

2. Committee Of Senior Secretaries, Mahanadi Bhawan, New Raipur (Chhattisgarh).

3. The Office Of Senior Agriculture Development Officer, Gurur. District Balod. (Chhattisgarh) ---- Respondent For Petitioner Mr. Somkant Verma, Advocate For Respondent/State Mr. Dheeraj Wankhede, Government Advocate S.B.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 17/09/2015 Heard finally with the consent of learned counsel for the parties.

(2) The petitioner is working as Agricultural Development Officer at Gurur District Balod. By order dated 15.07.2014, he has been transferred from Gurur to Shankargarh District Balrampur. Challenging the said order, the petitioner had preferred W.P.(S) No.5314/2014, which was disposed of on 10.10.2014, directing the authorities to consider the petitioner's representation and at the same time, staying the effect and operation of the transfer order during pendency of the

representation.

(3) By the impugned order, the petitioner's representation has been rejected.

(4) It is stated that the petitioner is suffering from paralysis and is due to attain the age of superannuation in June 2016 i.e. in less than a year's time.

(5) Considering the fact that the transfer order has not yet been made operational against the petitioner because of the interim order passed in the earlier writ petition and at present, the petitioner , who is suffering from paralysis, has less than one year to attain the age of superannuation, the writ petition is allowed and the impugned order concerning the petitioner is quashed.

Sd/- Judge (Prashant Kumar Mishra) Shyna