Vidyanand Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3922 of 2016 • Vidyanand Sidar S/o Shri Sahdeo Sidar, Aged About 42 Years R/o Vilalge Dhobad, Post Baramkela, Police Staiton & Tahsil Baramkela, District Raigarh Chahttisgarh ---- Petitioner

Versus

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

2. Collector & District Magistrate, Collectorate Raigarh, District Raigarh Chhattigarh ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Rahul Birtharey, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/08/2016 1.

The only ground to challenge the transfer order is that while transferring the petitioner, the Government Policy of keeping husband wife together either at the same station or at nearby stations to the extent it is permissible and possible, subject to administrative exigency of service. The petitioner and his wife both are posted at Baramkela. Now, the petitioner has been transferred to Lailunga, which is about 120 km away.

2.

The only grievance of the petitioner is that by this transfer order, the petitioner would go to a place which is at the distance from the place of posting of his wife.

3.

Considering the aforesaid prayer, Policy to keep husband wife together, transfer may explore the possibility whether the petitioner can be adjusted at the nearby station. This would always be subject to the administrative exigency.

4.

The petitioner has already preferred representation to the Collector. Let, the Collector may consider and decide the representation within a period of three weeks.

5.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra