Bhaskar Pathare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5068 of 2021 Bhaskar Pathare Son Of Shri A. R. Pathare, Aged About 46 Years Working As Accountant, Office Of Divisional Forest Officer, Balodabazar, District - Balodabazar-Bhatapara (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Forest Department, Mantralaya, Atal Nagar, Nawa Raipur (Chhattisgarh)

2. The Principal Chief Conservator Of Forest, Aranya Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (Chhattisgarh)

3. The Chief Conservator Of Forest, Raipur Circle, Raipur, District - Raipur (Chhattisgarh)

4. The Divisional Forest Officer, Balodabazar, District - BalodabazarBhatapara (Chhattisgarh) ---- Respondents For Petitioner :

Mr. K. P. Sahu, Advocate For State :

Ms. Abhyunati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 20.09.2021

1. Aggrieved by the order of transfer dated 02.09.2021 the present writ petition has been filed. Vide the impugned order the petitioner has been transferred from Balodabazar to Dhamtari.

2. The petitioner is presently working as an Accountant. The petitioner at the present place of posting has put in 5 years of service. This fact by itself is strong enough to dis-entitle the claim of petitioner for interfering with the impugned order of transfer.

3. Learned counsel appearing for petitioner submits that if at all if the respondents intend to transfer the petitioner, they may consider transferring the petitioner to a close-by place where the wife of petitioner is working i.e. district Gariyaband.

4. It goes without saying that the place of posting and the tenure of posting are all matters which are exclusively within the domain of the State authorities. The High Court in exercise of its writ jurisdiction cannot issue a mandamus to the respondents by deciding the place of posting of an employee under the respondents. Since it is within the domain of the State authorities, the writ petition at this juncture stands disposed of permitting the petitioner to file a representation to the respondents 2 to 4 in respect of his grievance so far as his place of posting is concerned. On such representation being made, the authorities concerned are expected to take a decision on the same in accordance with law and the transfer policy governing the filed, at the earliest, preferably within a period of 90 days from the date of receipt of copy of this order.

Sd/- (P. Sam Koshy) Judge Khatai