C. L. Mandavi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4008 of 2016 • C. L. Mandavi S/o Late J. R. Mandavi, Aged About 56 Years Senior Agriculture Development Officer, Baster, Post & Thana Baster, District Bastar At Jagdalpur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through: The Secretary, Agriculture And Biotechnology Department, Mahanadi Bhawan, New Raipur, (Chhattisgarh)

2. Deputy Director, Agriculture Department, Jagdalpur, District Bastar At Jagdalpur, (Chhattisgarh) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Somkant Verma, Advocate For State :

Mr. S.P. Kale, Dy. A.G. on advance copy --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 24/08/2016 Heard on admission.

1.

The transfer order is under challenge on the ground that even though the petitioner worked throughout at scheduled areas and core scheduled areas for 36 years, by the impugned order, he has again been transferred to core scheduled area. 2.

Learned counsel for the petitioner submits that in view of Policy dated 03.06.2015, the petitioner case requires consideration regarding transfer and posting of the petitioner at core scheduled area, in the circumstances when he has continuously remained posted in that area for the last 36 years.

3.

The petitioner has directly came to this Court without preferring representation in this regard, therefore, I am not inclined to interfere with the order impugned. However, it will be open for the petitioner to prefer representation before the competent authority for posting outside the core scheduled area as per provisions of Policy dated 03.06.2015. If such representation will be filed by the

petitioner within 10 days from today, the competent authority shall take necessary steps for posting the petitioner outside the core scheduled area within a period of four weeks from the date of receipt of copy of this order. If no one has joined till date, for a period of four weeks, no coercive steps shall be taken against the petitioner to compel him to join at the transferred place of posting. 4.

With the aforesaid observation/direction, the petition is disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra