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High Court Of ChhattisgarhWPS/6370/2019disposed off

Ramnarayan Shriwas v. State Of Chhatisgarh

2019-08-22Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6370 OF 2019 Ramnarayan Shriwas S/o - Late Shri Nekram Shriwas Aged About 59 Years Working As Revenue Inspector, Raipur-5 (Bhanpuri), 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 firstly is that the impugned order is wrong to the extent that the petitioner is not working at Gudiyari as is reflected in the order of transfer. According to the petitioner, he is substantively posted at Bhanpuri. The second contention of the petitioner is that, the petitioner as on date is more than 59 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