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High Court Of ChhattisgarhWPS/3924/2016disposed off

Shailendranath Trivedi v. State Of Chhattisgarh

2016-08-22Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3924 of 2016 Shailendranath Trivedi S/o Late Shri J.N. Trivedi, Aged About 49 Years Occupation Service, Presently Posted At Forest Range Kotadol, Forest Division, Baikunthpur, R/o Near Shishumandir School, Civil Lines, Colony, Janakpur, Tahsil Bharatpur, District Korea Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Forest, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

2. Additional Secretary, Forest Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

3. Principal Chief Conservator Of Forest Chhattisgarh, Raipur, District Raipur Chhattisgarh

4. Divisional Forest Officer, Korea Forest Division Baikunthpur Chhattisgarh ---- Respondents For Petitioner : Smt. Indira Tripathi, Advocate For Respondent-State : Shri R.K. Gupta, Dy. A.G., on advance copy S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/08/2016 Heard on admission.

1.

The transfer order is under challenge on the ground that while transferring the petitioner, the policy of the Government to keep husband

-2wife together as far as possible and subject to exigency of service, has not been kept in view.

2.

Learned counsel for the petitioner submits that the petitioner is posted at Kotadol and his wife is posted at Janakpur which is 30 km. away. Now, the petitioner is being transferred to Forest Range, Manendragarh which is about 150 km. away.

3.

It is found that the petitioner has completed normal tenure of service, therefore, he is liable to be transferred. However, considering that the Government policy of keeping husband wife together either at the same station or at nearby stations as far as possible, representation of the petitioner may be considered and decided, whether the petitioner or his wife can be posted either at the same station or at nearby stations, within a period of four weeks from the date of receipt of copy of this order. 4.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha