T. R. Gritlahare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 439 of 2015 • T. R. Gritlahare S/o Shri Bawa Ram Gritlahre, aged about 60 Years Occupation- Service, Working as Senior Agriculture Development Officer Kasdol, P. S. Kasdol, Civil & Revenue District Baloudabajar - Bhatapara (Chhattisgarh) ---- Appellant

Versus

1. State of Chhattisgarh Through the Secretary Department Agriculture Mantralaya Mahanadi Bhawan, Naya Raipur, Distt. Raipur (Chhattisgarh)

2. The Director, Directorate Agriculture, Chhattisgarh, Indrawati Bhawan Naya Raipur, Distt. Raipur (Chhattisgarh)

3. Shri Mahesh Ram Tande, Senior Agricutlure Development Officer, Block Chhindgarh, District Sukma (Chhattisgarh) ---- Respondents For Appellant : Shri Sunil Sahu, Advocate For Respondents/State : Shri Prafull N. Bharat, Addl. A.G.

Hon'ble Shri Justice Pritinker Diwaker and Hon'ble Shri Justice Inder Singh Uboweja

JUDGMENT

Passed on : 18/09/2015 Per Printinker Diwaker, J.

1.

The appellant has preferred this appeal against the order dated 28-8-2015 passed by learned Single Judge, whereby the Writ Petition (S) No. 3138 of 2015 filed by him has been dismissed in which the petitioner assailed the impugned order dated 18-8-2015 whereby he was transferred from Kasdol to Chhindgarh, District Sukma. In the writ petition, the petitioner has assailed the transfer order mainly on the ground that he has already served more than 3 years in the scheduled area and thus, as per the guide-lines issued by the State Government, he should not have been once again posted in the scheduled area. He further argued that since the appellant is at the verge of retirement, he should not have been transferred to remote area.

W.A. 439 of 2015 2.

After arguing at length, learned counsel for the appellant wants to withdraw this appeal with liberty to pursue his representation dated 20-08-2015 (Annexure A/2).

3.

Learned State counsel submits that let the appellant make a fresh representation to the committee consisting of Senior Secretary (hereinafter referred to as the 'Committee') and in turn his representation would be decided by the Committee in accordance with law as expeditiously as possible.

4.

In view of the above, the present appeal is disposed of permitting the appellant to file a fresh representation before the Committee within 3 weeks from today along with copy of this order. In the eventuality of filing any such representation by the petitioner, it is expected from the Committee to decide the same within a further period of 2 weeks in accordance with law.

5.

It is made clear that this Court has observed nothing on merits of the case and the competent authority to act strictly in accordance with law. Sd/- Sd/- (Pritinker Diwaker) (I.S. Uboweja) JUDGE JUDGE Kvr