High Court Of ChhattisgarhWPS/3869/2017disposed off

Narendra Vyas v. State Of Chhattisgarh

2017-08-21Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3869 of 2017 Narendra Vyas S/o Shri Balaram Vyas, Aged About 61 Years Occupation Service In Water Resources Department, Sub Division Dharamjaigarh, District Raigarh, Chhattisgarh ---- Petitioner

Versus

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

2. Joint Secretary, Water Resources Department, State Government Of Chhattisgarh Raipur, Chhattisgarh ---- Respondents For Petitioner :

Shri Amit Singh, Advocate For State :

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

1. The only ground raised in the petition to challenge the transfer is that the petitioner is going to retire within a short period of four months and at the fag end of his service, he has been subjected to transfer.

2. It is submitted by learned counsel for the petitioner that to the best of the knowledge and information of the petitioner, there is no complaint of such a nature so as to warrant his immediate shifting even without allowing him to continue for a further period of four months.

3. Learned counsel for the State submits that in this aspect to the petitioner may prefer representation to the Committee constituted under the new transfer guideline and if such representation is made, the same shall be considered and decided.

4. Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration that the petitioner has been subjected to transfer when he is going to retire only four months, it would be appropriate to direct the respondents to consider petitioner's representation provided the representation is submitted before respondent No.2 within a period of 15 days from today. If that is done, the representation of the petitioner shall be decided within a further period of four weeks. For a period of six weeks, no coercive steps shall be taken against the petitioner to compel him to join at the new place of posting.

5. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha