High Court Of ChhattisgarhWPS/6794/2019disposed off

Satya Prakash Tripathi v. State Of Chhattisgarh

2019-09-04Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS. No. 6794 OF 2019 Satya Prakash Tripathi S/o Late Shyam Sunder Tripathi Aged About 56 Years R/o Namnakala, Ward No.14, Behind Babra Garage Ambikapur, District Surguja, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.

2. Collector Ambikapur, District Surguja, Chhattisgarh

3. Janpad Panchayat Sitapur, Through Its Chief Executive Officer, Janpad Panchayat, Sitapur, District Surguja, Chhattisgarh. ---Respondent(s) For Petitioner :

Mr. Manoj Paranjpe, Adv.

For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04.09.2019

1. The challenge in the present Writ Petition is to the order (AnnexureP/) dated 13/08/2019 whereby the services of the petitioner has been transferred from office of Chief Executive Officer, Janpad Panchayat sitapur, District Surguja to office of collector Jashpur.

2. The contention of the petitioner is that the impugned order shows that the petitioner has been posted on deputation in the Janpad Panchayat which is incorrect rather the document enclosed along with writ petition would show that the petitioner substantially is posted in the Janpad Panchayat on being promoted to the post of Assistant Grade - 2.

3. The second ground of the petitioner is that the post on which the petitioner is working is a district cadre post and the gradation list is prepared district wise, however contrary to the same, he is being

sent to a different district where the seniority, promotional avenues etc would also be adversely affected.

4. Given the aforesaid facts, let the Petitioner make a detailed representation to the respondents in this regard within a period of 10 days from the date of receipt of copy of this order and respondents in turn shall take a decision within further period of 45 days from the date of receipt of representation of the petitioner.

5. The respondent authorities are expected to decide the objections by a speaking order.

6. Till the representation is decided, there shall be a stay of the effect and operation of order so far as the petitioner is concerned.

7. The writ petition accordingly stands disposed off. Sd/- (P. Sam Koshy) Judge Jyotijha