Hemant Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.4514 of 2016 • Hemant Thakur S/o Shri Ramnath Thakur, Aged About 57 Years OccupationDeputy Ranger- Machkot Bastar ( Samanya) Forest Range Jagdalpur, R/o Village Machkot, P.S. Nagarnar, Tahsil Jagdalpur, District Bastar (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh S/o Through: Secretary, Department Of Forest, Mahanadi Bhawan, Mantralaya, Naya Raipur, (Chhattisgarh)

2. The Secretary, General Administration Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, (Chhattisgarh)

3. The Divisional Forest Officer, Bastar Range ( Samanya) Jagdalpur, District Bastar (Chhattisgarh)

4. Bhiri Ram Verma, Deputy Ranger- Cum- Officer On Special Duty, Forest Range Raipur, (Chhattisgarh)

5. Satish Kumar Mishra, Deputy Ranger, Forest Depot Kanker, Range Kanker, District Kanker, (Chhattisgarh) ---- Respondents For Petitioner :

Shri Avinash K. Mishra, Advocate For Respondent/State :

Shri D. R. Minz, Dy.GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/09/2016 Heard.

2.

Grievance of the petitioner is that though the petitioner has remained posted in the scheduled or core scheduled area for the last 37 years, when occasion arose for transfer, the petitioner is being posted only in the scheduled or core scheduled area and the State Government is accommodating others by posting them in comfortable places. Example of respondents No.4 & 5 has been stated in the petition that all these persons are being posted either at Raipur or comfortable places and that too, on their own request.

3.

The policy dated 03-06-2015 of the State Government clearly provides in clause 2.1 thereof that the officers, who have remained posted in the scheduled or core scheduled area for two to three years respectively, they may be considered for transfer to non-scheduled area.

4.

In view of above, case of the petitioner required to be considered for posting outside the scheduled area because the petitioner has virtually spent up his entire service in the scheduled or core scheduled area. The petitioner has already preferred representation. The respondent No.1 shall decide the representation of the petitioner for consideration of his posting outside the scheduled area as per its own policy and appropriate decision shall be taken within a period of four weeks. For a period of four weeks, no coercive steps shall be taken against the petitioner. 5.

With the aforesaid observation, this petition is finally disposed off. SD/- (Manindra Mohan Shrivastava) Judge Tumane