Santosh Kumar Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3879 of 2017 Santosh Kumar Verma S/o Late Derha Ram Verma, Aged About 57 Years (Date Of Birth 05.06.1961), Occupation Sub Engineer, Water Resource Department, Sub Division Saja, District Bemetara Chhattisgarh R/o New Adarsh Nagar Police Station Pulgaon District Durg Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Water Resource Department, Mahanadi Bhawan Mantralaya, New Raipur, District Raipur Chhattisgarh.

2. State Of Chhattisgarh, Through The Joint Secretary, Water Resource Department, Mahanadi Bhawan Mantralaya, New Raipur, District Raipur Chhattisgarh.

3. Engineer In Chief, Water Resource Department, Sihava Bhawan Raipur, District Raipur Chhattisgarh.

4. Chief Engineer, Mahanadi Godawari Basin, Water Resource Department, Raipur, District Raipur Chhattisgarh.

5. Superintendent Engineer, Shivnath Circle, Durg, District Durg Chhattisgarh.

6. Executive Engineer, Water Resource Department Division Bemetara District Bemetara Chhattisgarh.

---- Respondents For Petitioner :

Shri Suresh Kumar Verma, Advocate For State :

Shri Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/08/2017 Heard.

1. The petitioner has challenged the transfer order mainly on the ground that the petitioner while being picked up for transfer to a core scheduled area, the Government policy of exempting employees more than 55 years, as far as

possible, has not been kept in view, as provided in circular dated 03.06.2015.

2. Learned State counsel submits that the petitioner's grievance arises on account of violation of policy, therefore, the petitioner ought to have preferred representation. The petitioner's representation is required to be decided under the transfer policy guideline of 2017.

3. The petitioner has already preferred a representation. Therefore, at this stage, I am inclined to dispose off the matter with a direction to consider petitioner's representation in the light of clause 1.5 of circular dated 03.06.2015 and take a decision on the same within a period of four weeks from the date of receipt of copy of this order along with copy of representation already preferred. For a period of four weeks, no coercive steps shall be taken against the petitioner.

4. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha