High Court Of ChhattisgarhWPS/4496/2016disposed off

Kuber Ram Sahu v. State Of Chhattisgarh

2016-09-06Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4496 of 2016 Kuber Ram Sahu S/o Late Dallu Ram Sahu, Aged About 59 Years R/o Village And Post Jayalpur P.S. Dongargaon, Distirct Rajanandgaon Chhattigarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Revenue Development, Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh

2. Under Secretary, State Of Chhattisgarh, Revenue Development, Department, Mahanadi Bhawan, Mantralaya, New Raipur District Raipur Chhattisgarh

3. Collector, Rajnandgaon, District Rajnandgaon Chhattisgarh

4. Sub Divisional Officer, Rajnandgaon, District Rajnandgaon Chhattisgarh ---- Respondents For Petitioner :

Mr. T.K. Tiwari, Advocate For State :

Mr. R.K. Gupta, Dy. A.G.

S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/09/2016 Heard on admission.

The transfer order by which the petitioner has been posted at Patwari Halka No.33 is under challenge. Learned counsel for the petitioner submits that the petitioner was already holding charge of Patwari Halka No.34 and 35 and with the new order, the petitioner is required to come to Patwari Halka No.33 which means that now the petitioner will have to work in three Patwari Halka Numbers which is highly onerous duty which the petitioner is unable to perform because he is aged

-2about 59 years.

The petitioner has been shifted to a nearby Patwari Halka No.33 which is said to be about 30 km. away from the present place of posting. Moreover, the petitioner has already completed three years of posting at the present place.

Therefore, the transfer is quite justified. However, the grievance that the petitioner is not able to discharge duty at number of Patwari Halka is a matter of consideration by the transferring authority and his grievance may be considered and decided by the transferring authority by preferring representation within a period of 30 days from today, it shall be considered and decided within an outer limit of four weeks from the date of receipt of copy of the representation.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha