Rajendra Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6371 OF 2019 Rajendra Chandrakar S/o Shri Kalyan Prasad Chandrakar Aged About 56 Years Working As Revenue Inspector, Revenue Circle Raipur III (Kota), Tahsil Raipur, District Raipur Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through the Secretary, Department of Revenue and Disaster Management, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

2. Collector Raipur, District Raipur Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Shantam Awasthi, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22.08.2019

1. Challenge in the present Writ Petition is to the order of transfer dated 13.08.2019 whereby the petitioner has been transferred from District Raipur to District Bijapur.

2. The contention of the petitioner is that, the petitioner falls within the protected category as he is the District President of Chhattisgarh Rajaswa Nirikshak Sangh. Further contention is that, the petitioner as on date is more than 56 years of age and that as per the transfer policy, the department as far as possible would not transfer a person who is more than 55 years of age to a scheduled area. The petitioner now is being sent to a core scheduled area i.e. Bijapur, which under the transfer policy is to be avoided as far as possible.

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. Till the representation of the petitioner is decided, the effect and operation of the

impugned order dated 13.08.2019 so far as petitioner is concerned, shall remain stayed.

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