Mohit Ram Kaiwart v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5093 of 2016 Mohit Ram Kaiwart S/o Shri Shivshwar Nath Kaiwart, Aged About 55 Years Working As C E O, Janpad Panchayat, Pali, District Korba, (Chhattisgarh), R/o Village And Post - Chaitma, Tahsil- Pali, Civil And Revenue District Korba, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through- The Secretary, Scheduled Caste And Scheduled Tribes Development Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya Raipur, District Raipur, (Chhattisgarh)

2. The Deputy Secretary, Scheduled Caste And Scheduled Tribes Development Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya Raipur, District Raipur, (Chhattisgarh)

3. The Collector And District Magistrate, Korba, District Korba, (Chhattisgarh) ---- Respondents Shri Dharmesh Shrivastava, counsel for the petitioner/s. Shri Chandresh Shrivastava, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/02/2017 The petitioner has assailed order dated 14/09/2016 passed by the State Government by which, he has been transferred from Pali to Pondi Uproda. It is the case of the petitioner that earlier, the petitioner was transferred from Korba to Pali by the order of the Collector and the petitioner joined on 08/09/2016 whereafter, the State Government again passed transfer order by transferring the petitioner from Pali to Pondi Uproda.

2.

It appears that under chain of transfers, while the petitioner was transferred from Pali to Pondi Uproda, another employee R.S. Kanwar was transferred from Pondi Uproda to Premnagar and one Nagesh was transferred from Kartala to Pali. Both Shri R.S.Kanwar and Shri Nagesh filed petition before this Court. In a

subsequent development, now, an order has been passed by the State Government vide order dated 02/01/2017 (Annexure P/10) by which, Shri V.K.Rathore has been posted at Pondi Uproda where the petitioner was transferred under the impugned order.

3.

In this situation of chain transfers and particularly that now, some other officer is posted in the place where the petitioner was transferred vide order dated 14/09/2016, it would be proper to dispose off this petition with a direction to the Government to consider the transfer and posting of the petitioner in accordance with the administrative exigency.

4.

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