High Court Of ChhattisgarhWPS/4057/2017disposed off

Budhesh Kumar Shori v. State Of Chhattisgarh

2017-08-28Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4057 of 2017 Budhesh Kumar Shori S/o Late Ramnath Shori, Aged About 61 Years Presently Working As Mining Officer, O/o The Collector, Mungeli, District Mungeli, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Mineral Sources, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2. The Collector, Mungeli, District Mungeli, Chhattisgarh. ---- Respondents For Petitioner :

Shri N. Naha Roy, Advocate For State :

Shri Satish Gupta, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/08/2017 Heard.

1. The transfer order is under challenge mainly on the two grounds : (a) that the petitioner is going to retire on 30.04.2018 and as per the existing transfer policy under clause 1.9, the petitioner has to be given an option for being posted in his home district.

(b) that the petitioner had served for a long period of 23 years in the scheduled area and he was shifted to Mungeli on 13.10.2015 and he is now again being transferred to the same scheduled area and station within 1 year and 10 months.

2. Considering that the petitioner is going to retire on 30.04.2018, his case is required to be considered in terms of clause 1.9 of the transfer policy dated 11.07.2017. Moreover, the petitioner served in scheduled area for a long period

of 23 years and sending the petitioner again to the scheduled area when he remained posted in non-scheduled area for 1 year and 10 months, is also a matter which should receive consideration because the officers have to be rotated proportionately in the scheduled area and sending an officer who has remained posted in scheduled area for 23 years, back to scheduled area within a period of less than wo years, does not prima faice appear to be justified.

3. The petitioner has already made representation, which has been favourablly recommended also. Let the matter be decided by the transferring authority as constituted under circular dated 11.07.2017 and decision be taken on the two aspect considered by this Court. The matter be decided within six weeks from the date of receipt of copy of this order. Till that period, no coercive steps shall be taken against the petitioner to proceed on transfer.

4. The petition is disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha