Narendra Shrivastava v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6790 of 2019 Narendra Shrivastava S/o Late N.L. Shrivastava Aged About 63 Years Presently Working As Dy. Director Vetnary Services, Kanker, District Kanker, Chhattisgarh., District : Kanker, Chhattisgarh ---- Petitioner

Versus

State Of Chhattisgarh Through The Secretary, Vetnary Services, Department, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---Respondents For Petitioner :

Mr. Somkant Verma, Advocate For State :

Ms. Abhyunnati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 30/08/2019 1.

The challenge in the present writ petition is to the order Annexure P/1 dated 22.08.2019, whereby the petitioner has been transferred from the office of Deputy Director, Veterinary Services, Kanker, District Kanker to the office of Deputy Director, Veterinary Services, Bijapur, District Bijapur. 2.

The contention of the petitioner is that the petitioner is around 63 years of age and that the petitioner now is being sent from one scheduled area to another schedule area. Further the place where the petitioner is being sent is also a core scheduled area. The ground of challenge in the present writ petition is that since the petitioner is more than 55 years of age, therefore the respondent authorities should have considered the age of the petitioner and should have as far as possible tried to accommodate him in a nonscheduled area as is the requirement under the transfer policy of the State Government.

3.

The counsel for the petitioner further submits that it is only two years of service left for the petitioner to retire and on this ground at this juncture also

-2the petitioner should not be considered of being transferred to a hardcore naxalite area or a core scheduled area.

4.

Considering the aforesaid facts and circumstances of the case, let the petitioner make a detailed representation to the respondent within a period of 10 days from the date of receipt of the copy of this order and the respondents in turn shall consider and decide the same within a further period of 45 days from the date of receipt of the representation. Till the representation of the petitioner is decided, the effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed. 5.

With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Ved