High Court Of ChhattisgarhWPS/4196/2017disposed off

P.L.Paigwar v. State Of Chhattisgarh

2017-08-30Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4196 of 2017 P.L.Paigwar S/o Shri Hiralal Paigwar, Aged About 61 Years Presently Posted As Training Superintendent At I.T.I. Bilha, District Bilaspur, R/o Miti, Campus, Koni, Bilaspur, District Bilaspur, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Skill Development & Technical Education & Employment Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. Joint Secretary, Skill Development & Technical Education & Employmnet Department Mantralaya, Mahanadi Bhawan, Naya Raipur, Disrict Raipur, Chhattisgarh.

3. Commissioner- Cum- Secretary, Directorate Of Employment & Training Indrawati Bhawan Naya Raipur, Distic T Raipur, Chhattisgarh.

4. G.R. Sahu, Presently Posted As Tarining Superintendetn, At Iti, Marwahi District Bilaspur, Chhattisgarh.

---- Respondents For Petitioner :

Mr. Mateen Siddiqui, Advocate For State :

Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30/08/2017 Heard.

1. The transfer order is under challenge on the ground that the petitioner is going to retire on 01.06.2018 which is less than one year.

2. According to the transfer policy dated 11.07.2017, clause 1.9 where the Government servant is going to retire within less than one year, he has to be given an option for being posted in his home district or a district of his option. However, as the petitioner's home district is at Jabalpur (M.P.), he is entitled to be given an option for being posted in a district of his choice.

3. Considering the aforesaid provision of the policy, the case of the petitioner

would require consideration by the respondent authorities.

4. If the petitioner prefers representation within a period of 15 days, the same shall be considered and decided within a period of four weeks. For a period of six weeks, no coercive steps shall be taken against the petitioner to compel him to proceed on transfer.

5. The petition is disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha