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High Court Of ChhattisgarhWPS/6959/2019disposed off

Sudhir Hari Shrivastava v. State Of Chhattisgarh

2019-09-03Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6959 of 2019 Sudhir Hari Shrivastava S/o Late H. Shrivastava Aged About 53 Years Presently Working As Accountant At Office Of District Education Officer, Bemetara, District - Bemetara, Chhattisgarh. (Actual Name Of Petitioner Is Mentioned As Cause Title), District : Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through - The Secretary, School Education Department, Mahanadi Bhawan, Nawa Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. District Education Officer Bemetara, District - Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ---- Respondents For Petitioner :

Mr. Somkant Verma, Advocate For State :

Ms. Akansha Jain, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 03/09/2019

1. The challenge in the present Writ Petition is to the order Annexure P/1 dated 21.08.2019 whereby the services of the petitioner has been transferred from Bemetara to Raipur.

2. The contention of the petitioner is that the wife of the petitioner is also in government employment and is posted at Bemetara. Therefore, as per the transfer policy as far as possible the petitioner should had been retained in the same district. Second ground is that the petitioner is working as Accountant which is a Class-III post which is a district Cadre post. Since the petitioner is being transferred to a place out of the district there is all possibility of petitioner's seniority and promotion getting adversely affected.

3. Given the aforesaid facts, let petitioner make a detailed representation to the respondents within a period of 10 days from today and on receipt of representation of the petitioner, 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