High Court Of ChhattisgarhWPS/6282/2019disposed off

R. P. Soni v. State Of Chhattisgarh

2019-08-20Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6282 OF 2019 R. P. Soni S/o Late Shri T. P. Soni Aged About 62 Years Working As Sub Divisional Officer, Water Resources Department, Sub- Division Bilaspur, Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary Water Resources Department, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh.

2. Engineer-In-Chief Water Resources Department Sector 19, Shivnath Bhawan, Atal Nagar, District- Raipur, Chhattisgarh.

3. Chief Engineer Hasdeo Basin, Bilaspur, Circle, Bilaspur, Chhattisgarh.

4. Executive Engineer Kharang Division, Water Resources Department, Bilaspur, Chhattisgarh.

5. Shri D. Jaiswal Sub Divisional Officer Water Resources Department, Division Number Ii, Katghora, District- Korba, Chhattisgarh. ... Respondent(s) For Petitioner :

Ms. Pushpa Dwivedi and Shri Harshmandar Rastogi, Advocates.

For Respondent-State :

Shri Jitendra Pali, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order on Board 20.08.2019

1. Challenge in the present Writ Petition is to the order of transfer dated 09.08.2019 whereby the petitioner has been transferred from Bilaspur to Katghora.

2. The challenge is on the ground that the petitioner has already crossed more than 61 years of age and has got less than 9 months of service left for superannuation and accordingly the petitioner could not have been transferred at this stage of his career. Moreover, the transfer policy of the State Govt. also protect the persons who have got less than one year of service left for superannuation.

3. Given the aforesaid facts, let the petitioner make a detailed representation in this regard to the respondent No.1 within a period of 10 day from today, and the respondent No.1, in turn, shall consider and decide the same at

the earliest preferably within a further period of 45 days in accordance with the transfer policy of the State as also taking note of the fact that the petitioner has got only about 9 months of service left for retirement. Till the representation of the petitioner is decided, the effect and operation of the impugned order dated 09.08.2019 so far as petitioner is concerned, shall remain stayed.

4. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder