High Court Of ChhattisgarhWPS/3553/2016disposed off

A.K.Saxena v. State Of Chhattisgarh

2017-04-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3553 of 2016 • A.K.Saxena S/o Shri R. N. Saxena, Aged About 55 Years Occupation Service, Working As Sub Divisional OfÏcer, Forest Dongargarh, Forest Division Khairagarh, Distt. Rajnandgaon (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Chief Secretary, Forest Department, Mantralaya, Mahanadi Bhawan, New Raipur (Chhattisgarh)

2. The Under Secretary, State Government Of Chhattisgarh, Forest Department, Raipur (Chhattisgarh)

3. Shri M. S. Taram, Attached OfÏcer, Forest Division Gariyaband District Gariyaband (Chhattisgarh) ---- Respondent For Petitioner Mr. Awadh Tripathi, Advocate For Respondent /State Mr. Y.S. Thakur, Addl. AG For Respondent No.3 Mr. Fouzia Mirza, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/4/2017

1. Heard.

2. The petitioner is aggrieved by the impugned order, whereby, his earlier executed transfer order has been cancelled and in his place, respondent No.3 has been posted. By interim order dated 10.8.2016, this Court has directed that the petitioner shall be allowed to continue at the place, where he has already joined in execution of the earlier transfer order.

3. Mrs. Fouzia Mirza, learned counsel for respondent No.3, would submit that pursuant to the impugned order, respondent No.3 has also joined at the place and he is working there since August 2016.

4. On pointed query, learned counsel for the petitioner and respondent No.3 as well, as to whether there is any difÏculty to either of them in receiving the salary from one place, learned counsel would submit that their respective parties have not issued any such instructions to them.

5. It appears, the Department has accommodated both the petitioner and respondent No.3, at the same place. Moreover, respondent No.3 is attaining the age of superannuation in the month of September 2017 i.e. in about 5 months.

6. Considering the entire facts' situation of the case, particularly for the fact that the petitioner is not aggrieved by the joining of respondent No.3 at the place, the writ petition is disposed of with observation that till September 2017, the petitioner as well as respondent No.3 shall be allowed to continue at the place and thereafter, the State Government would be at liberty to pass fresh order depending upon administrative exigency. Sd/- Judge (Prashant Kumar Mishra) Shyna