R. K. Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4729 of 2017 R. K. Soni S/o S/o Late Shri M.L.Soni, Aged About 58 Years Fisheries Inspector, Posted In The Office Of Deputy Director, Fisheries Raipur, District Raipur, Civil And Revenue District Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Agriculture (Fisheries) Department, Mahanadi Bhavan, Mantralay, New Raipur, Chhattisgarh

2. Director, Fisheries, Chhattisgarh, Indrawati Bhawan, 4th Floor, New Raipur, Chhattisgarh

3. Deputy Director, Fisheries, Raipur, District Raipur, Chhattisgarh

4. Shri Vinod Kumar Verma, Fisheries Inspector, Posted In The Office Of Assistant Director, Fisheries, Kartala, Block Kartala, District Kondagaon, Chhattisgarh ---- Respondents For Petitioner :

Mr. M.K. Sinha, Advocate For Respondent/State :

Mr. Manish Nigam, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/09/2017 Heard.

1. The transfer order is under challenge on the ground as per policy dated 03.06.2015, an employee who has completed 55 years of age, is ordinarily not to be posted in a scheduled area. The petitioner is aged 58 years and there is also a health problem. Therefore, it is submitted that the petitioner may be considered for transfer to a non scheduled area.

2. Though Korba is said to be a scheduled area, looking to its place where the petitioner is being transferred its approachability, the matter would require consideration by the State whether the petitioner should be given benefit of

that policy or not because the policy shows that ordinarily it is not to be done. In these circumstances, the matter can be best examined only by the competent authority and not by this Court. The representation has already been made. Let representation be decided in three weeks from today. For a period of three weeks, no coercive steps shall be taken against the petitioner.

3. The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha