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High Court Of ChhattisgarhWPS/5841/2019disposed off

Babulal Patel v. State Of Chhattisgarh

2019-08-06Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5841 of 2019 Babulal Patel S/o Shri Bodhram Patel Aged About 45 Years Occupation - Service, Posted As Secretary Of Gram Panchayat Kolpadar, Janpad Panchayat Mahasamund, Civil And Revenue District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Panchayat And Rural Development, Department Mantralaya Mahanadi Bhawan, Capital Complex New Raipur District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Chief Executive Officer District Panchayat Mahasamund District - Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---Respondents For Petitioner :

Mr. Sunil Sahu, Advocate For State :

Mr. Anshuman Shrivastava, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06/08/2019 1.

The present writ petition has been filed challenging the order of transfer dated 19.07.2019 (Annexure P/1), whereby the petitioner has been transferred from Gram Panchayat Kolpadar Janpad Panchayat Mahasamund to Janpad Panchayat Basna..

2.

The contention of the petitioner is on two folds, firstly the petitioner is person under the protected category as he is the office bearer of one of the Association/Trade Union and secondly the petitioner has been transferred from one Janpad Panchayat to another Janpad Panchayat without the consent of both the Janpad Panchayats and this is in total contravention of the Rule 27 of the Chhattisgarh Panchayat Service (Recruitment and General Conditions of Service) Rules, 1999.

-23.

Given the aforesaid facts and circumstances of the case, let the petitioner make a detailed representation to the respondent No.2 within a period of 10 days from the date of receipt of the copy of this order and the respondent No.2 in turn shall consider and decide the same in accordance with the provisions of the Rules of 1999 and also taking into consideration the status of the petitioner and the transfer policy of the State Government. 4.

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

Sd/- (P. Sam Koshy) Judge Ved