High Court Of ChhattisgarhWPS/4335/2016disposed off

Durugsaya Negiya v. State Of Chhattisgarh

2016-09-01Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4335 of 2016 Durugsaya Negiya S/o Late Ramprasad Negiya, Aged About 40 Years Parishetra Sahayak, Lohattar, Durgukondal Area Forest Division East Bhanupratapur, Bhanupratappur, Distirct U.B. Kanker Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Forest Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distirct Raipur Chhattisgarh

2. Avar Secretary, Forest Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

3. Divisional Forest Officer, East Bhanupratappur Division, Bhanupratappur, Distirct Kanker Chhattisgarh

4. Narayan Singh Yadav, Vanpal, Forest Enquiry Barrier, Silpat Forest Divison East Bhanupratappru, Distirct Kanker Chhattisgarh ---- Respondents For Petitioner :

Mr. Parag Kotecha, Advocate For State :

Mr. Dheeraj Wankhede, G.A.

S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/09/2016 Heard on admission.

The petitioner has challenged the transfer order on the ground that recently vide order dated 24.06.2016, the petitioner was shifted from the Depot to Lohhattar, which is about 30 to 40 km. at the district. Now, the State Government has passed the order by transferring the petitioner vide impugned order from Lohattar to Silpat which is about 30 km. away. He submits that if the petitioner is shifted, the petitioner will suffer severe

-2hardship.

This Court may interfere with the order of transfer on the ground of frequency only in order to save the employee from undue hardship. This aspect requires consideration in each and every given case. The petitioner is a forester and it appears that he has been shifted to a very near place which is less than 40 km. Therefore, where there is a serious hardship requiring the petitioner to continue at the same place, is a matter for consideration of the State. The petitioner may prefer representation within ten days from today and the State Government shall decide within four weeks from the date of receipt of copy of this order whether the petitioner should be allowed to continue at the same place or not. The petition is disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha