Badru Jama Khan v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 321 of 2017 Badru Jama Khan S/o Ali Jama Khan, Aged About 59 Years Presently Working As Driver-Cum- Mechanical, Category- V I/22678122, Regional Workshop Bishrampur Range, South Eastern Coal Fields Limited, Post Bishrampur Colliery, District Surajpur (Chhattisgarh) ---- Petitioner

Versus

1. South Eastern Coalfields Limited Through Chief Managing Director, S E C L, Head Quarter, Seepat Road, Post S E C L, Post Box No. 60, P. S. Sarkanda, District Bilaspur (Chhattisgarh)

2. General Manager (Personal/ Manpower) S E C L, Seepat Road, Post S E C L, Post Box No. 60, P. S. Sarkanda, District Bilaspur (Chhattisgarh)

3. General Manager, Bishrampur Area, Post Bishrampur Colliery, District Surajpur (Chhattisgarh)

4. Regional Personnel Manager, Bishrampur Area, Post Bishrampur Colliery, District Surajpur (Chhattisgarh) ---- Respondents For Petitioner :

Mr. CJK Rao, Advocate For Respondents :

Ms. Astha Shukla, Advocate, on advance copy Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/01/2017 Heard.

1.

The petitioner has challenged his transfer order dated 06.01.2017 by which, he has been transferred from Bishrampur Area to Bilaspur. Learned counsel for the petitioner submits that the petitioner is going to retire in the month of April, 2018 and he is also undergoing treatment at Vellore and Bhilai. He being a low paid employee, would find it difficult to manage at Bilaspur at the fag end of his service.

2.

On the other hand, learned counsel for the respondents submits that

the petitioner has been transferred and also relieved. The transfer order has been passed on administrative exigency and the petitioner would be retiring after one year.

3.

Taking into consideration that the petitioner is a low paid employee and stated to be suffering from various ailments and also that he is also going to retire in the month of April, 2018, it would be appropriate to direct the General Manager, Bishrampur Area to consider petitioner's representation to continue the petitioner at present place till his retirement. The petitioner shall submit a copy of this order along with representation within a period of 10 days from today before the General Manager Bishrampur Area. If that is done, the Authority shall take a decision within three weeks. For a period of four weeks, no coercive steps shall be taken against the petitioner on the ground of non joining at Bilaspur. 4.

Accordingly, the petition is disposed off.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha