Anurag Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3653 of 2020 • Anurag Soni S/o Shaligram Prasad Soni Aged About 29 Years Working As Junior Sericulture Inspector , Gouband , Block Takhatpur, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Agriculture Department , Mantralaya , Mahanadi Bhawan, Atal Nagar, Nava Raipur , District Raipur Chhattisgarh

2. Director Agriculture , Directorate , Sericulture, Indravati Bhawan, Atal Nagar, Nava Raipur , District Raipur Chhattisgarh

3. Assistant Director Sericulture, Bilaspur, District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Mr. C.J.K. Rao, Advocate For State :

Mrs. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 17.09.2020

1. Heard

2. Learned counsel for the petitioner submits that the petitioner was initially appointed on the post of Junior Sericulture Inspector at Bilaspur by order dated 29.09.2018 (Annexure P/2). Thereafter, he has been transferred to Sericulture Department Bijapur vide order dated 20.08.2020 (Annexure P/1). It is submitted that the petitioner is suffering from Neurocysticerosis desease in the brain which would be evident from Annexure P/5 dated 27.05.2019 for which, he

is being treated at Ramkrishna Care Hospital and if he is transferred to Bijapur then it would be difficult for him to get the treatment because of the distance. He further submits that apart from that, a recommendation has been made by the Assistant Director, Sericulture Department Bilaspur for cancellation of the transfer of the petitioner by letter dated 22.08.2020 (Annexure P/6), therefore under these circumstances on the humanitarian ground the petitioner's transfer may be reconsidered and canceled.

3. Perused the documents, especially the medical document i.e. Annexure P/5 and further the recommendation made by the Assistant Director, Sericulture Department Bilaspur dated 22.08.2020 (Annexure P/6) to cancel the transfer of the petitioner, the petitioner is given the liberty to make a representation before the Respondent No. 1 i.e. Secretary Agriculture Department within a period of five weeks along with all the necessary documents including the medial document and also the letter of recommendation of the cancellation of the transfer of the petitioner. If such representation is filed, then the same shall be decided within a period of 45 days from the date of receipt of copy of this order.

4. Till then, status quo in respect of the placement of the petitioner shall be maintained.

5. With the above observation/ direction, the writ petition finally stands disposed of. Sd/- /- (Goutam Bhaduri) Judge Vishakha