High Court Of ChhattisgarhWPS/2911/2020disposed off

Vinod Shankar Sahu v. State Of Chhattisgarh,

2020-07-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2911 of 2020 • Vinod Shankar Sahu S/o Shri B.L. Sahu, Aged About 62 Years Working As Executive Engineer, Water Resource Department At Baikunthpur, District Koriya Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya Atal Nagar, Naya Raipur Chhattisgarh

2. Engineer - In Chief Water Resources Department, Shivnath Bhawan, North Block Sector 19, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh

3. Chief Engineer, Hasdeo Ganga Kacchar, Water Resources Department, Ambikapur, District Surguja Chhattisgarh ---- Respondents For Petitioner :

Mr. N.K. Chaterjee, Advocate For State :

Mr. Amrito Das, Addl. A.G.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 22/07/2020

1. Heard

2. Learned counsel for the petitioner submits that the petitioner has been transferred by an order dated 09.07.2020 (Annexure P/2) from Baikunthpur to Raipur. It is contended that the petitioner is left with less than one year of service and as per the Transfer Policy, the transfer could not have been effected after 14th August 2019 and further as per the direction issued on 27.05.2020 the transfer has

completely been banned during the Covid-19 pandemic period. He further submits that the transfer of the petitioner could not have been made by the Chief Engineer Water Resource Department, consequently, the transfer cannot be given effect to.

3. Learned State counsel opposes the submission made by learned counsel for the petitioner.

4. Considering the directions given in the circular dated 27.05.2020 and the period of transfer during the pandemic period, it appears guidelines have been issued and at para 9.3 of the petition also states that the petitioner is left with only 11 months of service for superannuation, under these circumstances, the petitioner is given the liberty to make a representation to the Grievance Redressal Committee within a period of four weeks and thereafter the said representation shall be decided by the Grievance Redressal Committee within a further period of 60 days from the date of receipt of such representation. Till then, the order of transfer of the petitioner dated 09.07.2020 shall not be given effect to.

5. With the above observations/ directions, this writ petition stands finally disposed off.

6. Certified copy today.

Sd/- (Goutam Bhaduri) Judge Vishakha