A.K. Chajed v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6933 OF 2019

1. A.K. Chajed S/o Late Shri Motilal Chajed, Aged About 61 Years Research Officer, Central Soil And Material Testing Laboratory, Raipur, District Raipur Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Thana Mandir Hasod, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Additional Secretary Water Resources Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Thana Mandir Hasod, District Raipur Chhattisgarh.

3. Engineer In Chief Water Resources Department, Raipur, District Raipur Chhattisgarh.

4. S.C. Jain Assistant Engineer Office Of The Executive Engineer, Water Resources Department, Balod, District Balod Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Abhishek Sinha, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

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

1. Challenge in the present Writ Petition is to the order dated 09.08.2019 whereby the petitioner has been transferred from Central Soil and Material Testing Laboratory, Raipur to the office of Superintendent Engineer, Mahanadi Division, Raipur.

2. The contention of the petitioner is that the transfer policy has a clause which says that a person who are transferred should not be replaced by making incharge arrangement by posting a junior person. Further contention of the petitioner is that, the petitioner is being shifted by a person who is only an Assistant Engineer and is being given charge of an Executive Engineer which is violative of transfer policy. The second ground raised is that the petitioner has got only one year left for his retirement as he is to retire in August, 2020.

3. Given the aforesaid facts, let the petitioner make a detailed representation in this regard to the respondents within a period of 10 day from today and the respondents, in turn, shall consider and decide the same at the earliest preferably within a further period of 45 days. Till the representation of the petitioner is decided, the effect and operation of the order dated 09.08.2019 shall remain stayed so far as petitioner is concerned.

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