Sukhdeo Soni v. Chhattisgarh State Power Distribution Company Ltd. And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2075 of 2015 Sukhdeo Soni S/o Late Shri Ram Khilawan Soni Aged About 56 years R/o Shitlapara Bhawani Chowk, Tahsil, Thana And Distt. Kanker ---- Petitioner

Versus

1. Chhattisgarh State Power Distribution Company Ltd. Through Its Director, Raipur

2. Chief Engineer (Zonal Area), Chhattisgarh State Power Distribution Company Ltd. Jagdalpur

3. Superintendent Engineer, Office Of Chief Engineer, (Zonal Area) Chhattisgarh State Power Distribution Company Ltd. Jagdalpur

4. Executive Engineer, Chhattisgarh State Power Distribution Company Ltd. Bijapur ---- Respondents For Petitioner Shri Parag Kotecha, Advocate For Respondents Shri Sunil Otwani, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 10/7/2015 1.

With the consent of the learned counsel for the parties, the matter is heard finally.

2.

The petitioner has assailed the legality and validity of the impugned transfer order, whereby he has been transferred from Kanker to Bijapur.

3.

It is argued by Shri Kotecha, learned counsel for the petitioner that the petitioner's wife and two sons are obtaining treatment from a psychiatrist at Raipur and otherwise also the petitioner, being a lineman, a lowly paid employee, would face extreme hardship if he is compelled to join at Bijapur.

4.

Shri Otwani, learned counsel for the respondents would submit that the order has been passed on administrative exigency, therefore, it does not call for any interference.

5.

Considering the health problem of the petitioner and his two sons and other hardships, as also for the fact that he appears to be a lowly paid employee, the writ petition is disposed of with a direction that in the event, the petitioner prefers representation before the respondent No.2 against the transfer order dated 05.03.2015 (Annexure-P-1) within a period of one month from today, the said authority shall consider and decide the representation on its own merits, expeditiously, preferably within a period of two months from the date of submission of representation. Till the petitioner's representation is pending, he shall be allowed to continue at the present place of posting. Sd/[ JUDGE PRASHANT KUMAR MISHRA Nirala