Gyan Dev Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3680 of 2016 • Gyan Dev Pandey S/o Shri Muniram Panday, Aged About 48 Years R/o Vaishyapuram Colony Face- 1 House No. D- 3, Seepat Road Bilaspur (Chhattisgarh).

---- Petitioner

Versus

1. State Of Chhattisgarh Through : Its Secretary, Co-Operative Department, Mahanadi Bhawan Naya Raipur District Raipur (Chhattisgarh).

2. State Of Chhattisgarh, Through : Its Secretary, General Administration Department, Mahanadi Bhawan Naya Raipur District Raipur (Chhattisgarh).

3. Under Secretary, Co-Operative Department, Mahanadi Bhawan Naya Raipur District Raipur (Chhattisgarh).

4. State Of Chhattisgarh, Through : Its Secretary, Scheduled Tribe And Scheduled Caste Development Department, The President Of The Committee Of Senior Secretary Mahanadi Bhawan Naya Raipur District Raipur, Chhattisgarh.

5. Registrar Of The Cooperative Societies, Chhattisgarh Indrawati Bhawan Mantralaya Naya Raipur, Chhattisgarh.

6. Deputy Registrar Of The Cooperative Societies, Old Composite Building Bilaspur Nehru Chowk Bilaspur, Chhattisgarh. ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner : Mr. Anand Mohan Tiwari, Advocate For State : Mr. S.P. Kale, Dy. Advocate General on advance copy --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/08/2016 Heard.

1.

By filing the petition, the petitioner has challenged the transfer order on the ground that the petitioner being handicapped is entitled to exemption for transfer.

2.

The present Transfer Policy dated 11.06.2016 does not make any provision with regard to handicapped category of employees. The nature of handicap shown is that the petitioner suffers from congenital loss of fingers in the right hand.

3.

The petitioner has been transferred from Bilaspur to Korba. Looking to the nature of job, difficulty to perform work by the handicap person is a matter for consideration by the transferring authority. The petitioner has already preferred representation, the same shall be considered and decided within a period of four weeks. The petitioner may also pray to transferring authority to stay the transfer order.

4.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra