Manoj Kumar Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5186 of 2020 Manoj Kumar Baghel S/o Late M.L. Baghel Aged About 42 Years Presently Posted And Working As Food Inspector, Food Section, Office Of Collector Bilaspur, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Food Civil Supplies And Consumer Protection Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh

2. Under Secretary Food, Civil Supplies And Consumer Protection Department Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur Chhattisgarh

3. Director Food And Civil Supplies And Consumer Protection, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Syed Majid Ali, Advocate For State :

Ms. Akansha Jain, Dy. GA Hon'ble Shri Justice P. Sam Koshy Order on Board 14/12/2020

1. The challenge in the present writ petition is to the order of transfer dated 01.12.2020 whereby the petitioner has been transferred from District Bilaspur to District Sukma.

2. The solitary ground of challenge is that as per the Policy of the State Government in case if the spouse of the employee is working, as far as possible they should be tried to be accommodated at the same place. In the instant case the wife of the petitioner is working under the Railway

Protection Force and posted in Bilaspur and that there is no possibility of the spouse also getting transferred at the place where the petitioner has now been transferred. The petitioner herein makes a request that he may be placed at a suitable place where his wife can get the posting or transferred that is on the route where there are Railway Protection Force post available.

3. Given the said facts and taking into consideration the factual matrix of the case, let petitioner make a suitable representation to the respondent No.1 to consider the grievance of the petitioner and to resolve the same in accordance with the transfer Policy governing the employees under the respondents.

4. Let a representation be made in this regard within a period of 10 days from the date of receipt of copy of this order and respondent authorities are expected to take a decision on the same on sympathetic grounds within a period of 30 days from the date of receipt of representation of the petitioner.

5. For the period of 30 days time or till the representation of the petitioner is decided whichever is earlier, there shall be stay of the effect and operation of the impugned order so far as petitioner is concerned.

6. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit