Lakshman Singh v. South Eastern Coalfields Limited

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4713 of 2020 Lakshman Singh S/o D.P. Singh Aged About 55 Years R/o Jarhi, Post Batgaon, District Surajpur, Chhattisgarh ---- Petitioner

Versus

1.

South Eastern Coalfields Limited Through-Chairman-CumManaging Director, Seepat Road, P.B. No. 6, Bilaspur, District Bilaspur, Chhattisgarh 2.

General Manager (Personal) SECL Bilaspur, Seepat Road, P.B. No. 6, Bilaspur, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Anurag Singh, Advocate For Respondents :

Mr. Vaibhav Shukla, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 26/11/2020 1.

The challenge in the present writ petition is to the order of transfer dated 10.09.2020 whereby the petitioner has been transferred from the Rescue Brigade Room at Bhatgaon area under the respondents to the Kusmunda Area as a Dumper Operator. 2.

The challenge primarily is on the ground that the petitioner for the last many years has been working as a Rescue Brigade Member and as a considerable experience on that field and therefore he should not have now been transferred to a different area as a Dumper Operator.

3.

On a query being put to the counsel for the petitioner, he fairly concedes that the petitioner was posted at the present place of

posting since 1999 i.e. the petitioner has worked at the present place for almost about 11 years.

4.

Given the said facts and circumstances of the case and particularly taking note of the fact that the law so far as interference to an order of transfer by the High Court is only permissible in the event if the transfer order being contrary to his service conditions or is hit by malafides. In the instant case neither of the ground is available in the writ petition for assailing the order of transfer. 5.

This Court does not find any strong case calling for an interference with the impugned order. Accordingly, the writ petition stands rejected. However, rejection of the writ petition would not preclude the petitioner from availing other appropriate remedies open to him on the administrative side.

Sd/- (P. Sam Koshy) Judge Ved