K. S. Thakur v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3623 of 2015 • K. S. Thakur S/o Late J. S. Thakur, Aged About 53 Years R/o C- 95, Vasant Vihar, South Eastern Coalfields Limited ( S E C L), Seepat Road, Bilaspur, Police Station Sarkanda, Post Office S E C L, Bilaspur Occupation : Service, Chief Manager ( E & M), Presently Posted In Safety And Rescue ( S & R) Department Of South Eastern Coalfields Limited Head Quarter, Seepat Road, Bilaspur, Distt. Bilaspur, (Chhattisgarh). ---- Petitioner

Versus

1. South Eastern Coalfields Limited Through The Chairman- Cum- Managing Director, S E C L, Seepat Road, Bilaspur (Chhattisgarh).

2. Director, Technical Operations, South Eastern Coalfields Limited, Seepat Road, Bilaspur (Chhattisgarh).

3. General Manager ( E & M), South Eastern Coalfields Limited, Seepat Road, Bilaspur (Chhattisgarh)

4. Deputy General Manager ( Personnel & Executive Establishment), South Eastern Coalfields Limited, Seepat Road, Bilaspur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Mateen Siddiqui, Advocate For Respondents :

Shri Vaibhav Shukla, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 14/10/2015

1. Learned counsel for the petitioner would submit that the petitioner was transferred from Mahanadi Coalfields Limited to SECL, Bilaspur on 28-7-2015 on the ground that his wife is posted as Assistant Professor in the Government Naveen Girls College, Seepat Road, Bilaspur. The petitioner joined at Bilaspur on 10-8-2015 and thereafter vide order dated 19-9-2015, he was posted as Chief Manager, Department of Safety, SECL

Headquarter, Bilaspur. Barely after 5 days of his joining in the department of Safety, the impugned order has been passed on 24-9-2015, posting him at Bhatgaon area.

2. It is argued that the petitioner has been transferred from Sambalpur to Bilaspur on the request of his wife, he should not have been shifted to Bhatgaon, which is a place situated at about 300Kms from Bilaspur.

3. Learned counsel for the respondent SECL would submit that the petitioner has been posted at Bhatgaon on the basis of obtaining administrative exigency, therefore, no interference is called for.

4. Having considered rival submissions and particularly for the fact that the petitioner was posted from Sambalpur to Bilaspur only about one month back and his wife is also posted at Bilaspur, the writ petition is disposed of with a direction that in the event, the petitioner submits representation before the competent authority of the respondents within a period of one week from today, the said authority shall consider and decide petitioner's representation by speaking order within a period of three weeks thereafter. Sd/- Judge Prashant Kumar Mishra ashu