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High Court Of ChhattisgarhWPS/6129/2018disposed off

Chabi Lal Bhaurya v. State Of Chhattisgarh

2018-09-19Hon'Ble Shri Justice P. Sam Koshy1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6129 OF 2018 Chabi Lal Bhaurya S/o S/o Late Gangaram Bhaurya Aged About 55 Years At Present Working As Project Officer, Women And Child Development, Dondhi- Il, Balod District Balod, Chhattisgarh. R/o Shiv Colony Balod, District Balod, Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Women And Child Development, Mahanadi Bhawan, Raipur, District Raipur, Chhattisgarh.

2. Under Secretary Department Of Women And Child Development Mahanadi Bhawan, Raipur, District Raipur, Chhattisgarh.

3. District Women And Child Development Officer District Balod, Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Shobhit Kosta, Advocate.

For Respondent-State :

Shri SP Kale, Dy. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19.09.2018 1.

The challenge in this petition is to the order dated 05.09.2018 (Annexure P/2) whereby the services of the petitioner has been transferred from Balod to Bhairamgarh, Distt. Bijapur.

2.

The contention of the petitioner is that the transfer policy applicable in the State is that after a government servant crosses the age of 55 years, he shall not be transferred to an inaccessible Scheduled Area. The place where the petitioner is presently posted is Scheduled Area and as such the petitioner should not have been transferred to the said place. 3.

The said contention of the petitioner has not been opposed by the counsel for the State.

4.

Given the aforesaid facts, let the petitioner make an additional representation in addition to what has already been made vide Annexure P/5, within a period of 10 days from today and thereafter the respondents shall take a decision on the said representation within a further period of three months. Meanwhile, it is ordered that the respondents shall not given effect to the impugned order dated 05.09.2018 (Annexure P/2) so far as the petitioner is concerned.

5.

The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy Judge inder