Ramesh Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4684 of 2016 Ramesh Kumar Sahu S/o B. C. Sahu, Aged About 52 Years Presently Posted And Working As Assistant Professor (English), Yoganandam CG PG College, Raipur, (Chhattisgarh) ---- Petitioner

Versus

1.

State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur, (Chhattisgarh) 2.

Deputy Secretary, Department Of Higher Education, Mahanadi Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur, (Chhattisgarh) 3.

Commissioner, Department Of Higher Education, Indrawati Bhawan, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur, (Chhattisgarh) ---- Respondents For Petitioner :

Mr. B.D. Guru, Advocate For Respondent-State :

Mr. Chandresh Shrivastava, P.L.

Hon'ble Shri Manindra Mohan Shrivastava, J.

Order on Board 09/09/2016 Heard.

1.

The transfer order is under challenge mainly on the ground that while transferring the petitioner, policy of the State Government to keep husband wife together as far as possible subject to administrative exigency has not been kept in view.

2.

The petitioner has been posted as Assistant Professor, (English), at Yoganandam CG PG College, Raipur and his wife is also posted as Lecturer (Science), at J.N. Pandey Government Multipurpose Higher Secondary School,

Raipur. Now, the petitioner has been transferred from Raipur to Dharamjaigarh District Raigarh, whereas his wife has remained posted at Raipur, therefore, policy of the State Government to keep husband wife together as far as possible subject to administrative exigency has been violated. 3.

It is however, found that the petitioner has remained posted at the present place for last four years and his wife has remained posted at present place since 2007. Therefore, the petitioner has become due for transfer. However, considering that the Government policy to keep husband wife together at the same place or at nearby station, which is subject to administrative exigency, the respondents may consider the posting of the petitioner and his wife according to the Government policy either at the same place or at nearby station. 4.

It is found that the petitioner has not made any representation. If the petitioner prefers a representation before the State Government, the same shall be considered and decided by the State Government within a period of four weeks from the date of receipt of the representation. 5.

With the aforesaid observation, the petition stands finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Tiwari