Shiv Kumar Singh Sarwa v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6339 of 2019 Shiv Kumar Singh Sarwa S/o Shri Gokul Prasad Singh Sarwa Aged About 59 Years 6 Months, Working As Draftsman At Office Of Executive Engineer Kargiroad Kota, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Nawa Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Executive Engineer, Water Resources Department, Division - Kargiroad Kota, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondents For Petitioner :
Mr. Somkant Verma, Advocate For State :
Mr. Chandresh Shrivastava, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 21/08/2019
1. The challenge in the present writ petition is to the order Annexure P1 dated 09.08.2019 whereby the services of the petitioner has been transferred from the office of Executive Engineer, Water Resource Department, Division Kota to Office of Executive Engineer, Water Resource Department, Bijapur.
2. The ground of challenge in the present writ petition is that the petitioner is aged more than 55 years of age. He is presently aged around 59 1⁄2 years. According to the petitioner as per the transfer policy of the Government, the persons who are aged more than 55 years should not be sent to a scheduled area and in the instant case the place where petitioner is getting transferred is core
scheduled area and for this reason also impugned order is bad in law.
3. Given the aforesaid facts and circumstances of the case, let petitioner make a detailed representation to the respondent No. 1 within a period of 15 days highlighting his objections in his representation and respondent No. 1 in turn may consider same within a period of 45 days from the date of reciept of the representation made by the petitioner.
4. Till the representation of the petitioner is decided, the effect and operation of the impugned order so far as petitioner is concerned shall remain stayed.
5. With the aforesaid observation, the present writ petition stands disposed off.
Sd/- (P. Sam Koshy) Judge Rohit