High Court Of ChhattisgarhWPS/4255/2017disposed off

Brijlal Sigh Paikra v. State Of Chhattisgarh

2017-09-05Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4255 of 2017 Brijlal Singh Paikra S/o Shri Anandi Singh Paikra, Aged About 40 Years R/o Village Nagoi, Block Kota, Police Station Kota, District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Agriculture And Bio- Technology Department, Mantralay, Mahanadi Bhawan, Capital Complex, Naya Raipur, District Raipur Chhattisgarh.

2. The Under Secretary, Chhattisgarh State, Agriculture And Bio - Technology Department, Mantralay, Mahanadi Bhawan, Capital Complex, Naya Raipur, District Raipur Chhattisgarh.

3. The Collector, Bilaspur, District Bilaspur Chhattisgarh.

4. Joint Director Agriculture, Bilaspur, District Bilaspur Chhattisgarh.

5. Sub Divisional Agriculture Officer, Kota, District Bilaspur Chhattisgarh. ---- Respondents For Petitioner :

Mr. Dharmesh Shrivastava, Advocate For Respondent/State :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/09/2017 Heard.

1. The transfer order is under challenge on the ground that while transferring the petitioner from Kota District Bilaspur to Surguja District, the policy of

the Government to keep husband wife together as far as possible either at the same station or at nearby station, has not been kept in view.

2. The policy of keeping husband wife together is always subject to administrative exigency and public interest and cannot override those administrative consideration. The petitioner has remained posted at Kota since 2007, therefore, he has become due for transfer. This Court, therefore, is not inclined to interfere with the order. However, taking into consideration that there exists a policy for such consideration, the petitioner may prefer representation for consideration of posting together in a nearby place. If such representation is made, the same shall be considered and decided within a period of four weeks from the date of submission of representation.

3. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha