High Court Of ChhattisgarhWPS/6818/2019disposed off

Shiv Dayal Yadav v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6818 of 2019 Shiv Dayal Yadav S/o Shri Hari Narayan Yadav Aged About 61 Years Presently Posted As B.E.O. Bhaiyathan, District Surajpur, Chhattisgarh. R/o Village Kaskela, Post Salka, Aghira Police Station Bhatgaon, Tehsil Bhaiyathan, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, General Administration Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. State Of Chhattisgarh. Through Secretary, School Education Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Collector Surajpur, Revenue And Civil District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh

4. District Education Officer Surajpur, Revenue And Civil District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh

5. District Education Officer Koriya (Baikunthpur), District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

6. Phoolsai Maravi Posted As Block Education Officer, Block Bhaiyathan, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Surfaraj Khan, Advocate For State :

Ms. Sunita Jain, GA 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 Annexure P/1 dated 22.08.2019 whereby the services of the petitioner has been transferred from Surajpur to Koriya.

2. Challenge is on the ground that petitioner has got only around four month's of service left for retirement and the date of retirement is 31.12.2019. According to the petitioner the same is in contravention to the transfer policy which debars a person from being transferred in case, if the service left for retirement is less than one year.

3. Given the fact, let petitioner make a detailed representation to the respondents within a period of 10 days from today and on receipt of representation the respondents shall decide the same within a period of 45 days.

4. Till the representation of the petitioner is decided, the effect and operation of the impugned order Annexure P-1 shall remain stayed.

5. With the aforesaid observations, the writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit