High Court Of ChhattisgarhWPS/6410/2019disposed off

B. R. Pagare v. State Of Chhattisgarh

2019-08-26Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6410 of 2019 B. R. Pagare S/o Late Shri Faguji Pagare Aged About 61 Years Posted As Cooperative Inspector Under Assistant Registrar, Cooperative Societies Balod, R/o C/o Ghanshaym Pagare, Ward No. 13, Near Station Para, Rajnandgaon, District Rajnandgaon Chhattisgarh. Civil And Revenue District Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Cooperative Affairs, Mahanadi Bhavan, Mantralay, New Raipur Chhattisgarh

2. The Registrar, Co - Operative Societies, Raipur, Indrawati Bhavan, New Raipur District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. The Assistant Registrar Co - Operative Societies, Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh ---- Respondents For Petitioners :

Mr. Manoj K. Sinha, Advocate For State :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 26.08.2019

1. The Challenge in the present writ petition is to the order Annexure P-1 dated 14.08.2019 whereby the petitioner has been transferred from the office of Assistant Registrar Cooperative Societies, Balod, Distt. Balod to the office of Assistant Registrar Cooperative Societies, Bijapur, Distt. Bijapur.

2. The contention of the petitioner is that the petitioner is more than 61 years of age and 8 months of service has left for his superannuation. Thus, the order of transfer is contrary to the transfer policy of the State Government.

3. Given the aforesaid facts of the case, this Court is of the opinion that no fruitful purpose would be served in keeping the petition pending, petitioner has already made a representation in this regard vide (Annexure P-4) dated 16.08.2019 address to the respondent No. 1. Let respondent No. 1 take an appropriate decision on the said representation within a period of 45 days from today. Till the representation is decided, the effect and operation of the impugned, order so far as the petitioner is concerned shall remain stayed.

4. It is further directed that the respondents while deciding the claim shall take note of the age of the petitioner and the service left for his superannuation.

Sd/- P. Sam Koshy Judge Jyotijha