Khamhan Lal Sori v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5285 of 2021 Khamhan Lal Sori S/o Late Shri C.S. Sori Aged About 61 Years Deputy Collector , Baloda Bazar Bhatapara Chhattisgarh. ---- Petitioner

Versus

1.

State Of Chhattisgarh Through Secretary, Department Of General Administrative Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Nava Raipur , District Raipur Chhattisgarh. 2.

Collector Baloda Bazar , District Baloda Bazar Bhatapara Chhattisgarh.

----Respondents For Petitioner :

Mr. Tarendra Kumar Jha, Advocate For State :

Mr. Suyash Dhar, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 27/09/2021 1.

Aggrieved by the impugned order dated 12.09.2021 the present writ petition has been filed.

2.

Vide the impugned order the services of the petitioner working on the post of Deputy Collector has been transferred from BalodabazarBhatapara to Narayanpur. The petitioner submits that he has just around 16 months of service left for retirement and at the fag end of his service career, he has been transferred from a non-scheduled area to a core scheduled area.

3.

Counsel for the petitioner submits that under the circulars of the State Government, the Government has taken a policy decision that while transferring an employee/officer, it should be ensured as far as

possible that employee/officer over and above the age of 55 should not be transferred to a scheduled or core scheduled area. 4.

In the instant case the petitioner is around 61 years of age and has only got a few months of service left for his retirement and at this juncture it would not be either feasible or practicable to transfer the petitioner to a core scheduled area. The petitioner it seems has already approached the respondent authorities by way of a representation made on 14.09.2021.

5.

Given the said facts, the writ petition at this juncture stands disposed of directing the respondent No.1 to take an appropriate decision on the representation strictly in accordance with the circulars and policies of transfer issued by the State Government from time to time, more particularly taking into consideration the case of the petitioner. Let an appropriate decision be taken in this regard at the earliest preferably within a period of 45 days from the date of receipt of the copy of this order.

6.

Purely as an interim measure, if the petitioner has not been relieved till date, let status quo as it exists today be maintained till the representation of the petitioner is decided.

7.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved