High Court Of ChhattisgarhWPS/5664/2018disposed off

Subhash Chandra Mandal v. State Of Chhattisgarh

2018-08-30Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5664 of 2018 Subhash Chandra Mandal S/o Late Dukhi Ram Mandal, Aged About 61 Years, Posted As Assistant Superintendent Of Land Record At, O/o The Collector, Land Record Dantewada, District Dantewada, R/o Ward No. 15, Kailash Nagar, Dantewada, District Dantewada, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management Mantralaya, Mahanadi Bhawan Naya Raipur, Chhattisgarh

2. Shri Gajpati Naik, Assistant Superintendent Of Land Record, At O/o The Collector, Land Record, Durg, Chhattisgarh. District Durg, Chhattisgarh ---- Respondents For Petitioner :

Mr. R. K. Kesharwani, Advocate For State :

Mr. S. P. Kale, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30/08/2018

1. The challenge in the present writ petition is to the impugned order (Annexure P/1) dated 31.07.2018, whereby the services of the petitioner has been ordered to be transferred from Dantewada to Beejapur.

2. The counsel for the petitioner submits that the petitioner is to retire in March, 2019 i.e. barely about 8 months time is left and by implementation of the impugned order the petitioner and his family would be put to great inconvenience. He further submits that pension papers of the petitioner have also been processed from the present

place of posting and if the impugned order is given effect to, then the pension papers would not be promptly processed and he may not receive retiral dues timely.

3. Considering the age of the petitioner and also taking note of the fact that there is only about 8 months time left for superannuation of the petitioner, this Court is of the opinion that ends of justice would meet if petitioner is directed to make a representation to the respondent No.1 within a period of 15 days from today, and if the petitioner makes a representation within 15 days, the respondents shall thereafter consider and decide the representation objectively taking note of the age of the petitioner within a further period of 8 weeks from the date of receipt of representation.

4. Meanwhile, the respondents shall not give effect to the impugned order, so far as the petitioner is concerned.

5. The writ petition thus stands allowed and disposed off. Sd/- (P. Sam Koshy) Judge Bhola