Sameer Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6936 OF 2019

1. Sameer Sharma S/o Shri Sushil Kumar Sharma Aged About 30 Years Nayab Tahsildar, Posted At Office of Tahsildar District Gariyaband Chhattisgarh. R/o Gariyaband District Gariyaband Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantaralaya Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh.

2. Deputy Secretary Revenue and Disaster Management, Department Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh.

3. Collector Gariyabnad, District Gariyaband Chhattisgarh. ... Respondent(s) For Petitioner :

Shri Awadh Tripathi, Advocate.

For Respondent-State :

Ms. Sunita Jain, Govt. Advocate.

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

1. The limited grievance that the petitioner has raised in this petition is for considering his case as per the transfer policy of the State Govt. for being posted in non Scheduled area after initially being posted in a Scheduled area for a period of three years.

2. According to the petitioner, in the year 2017 the petitioner was appointed in District Gariyaband and under normal circumstances the petitioner should have been retained at the same place for a period of three years and thereafter he should have been posted in non Scheduled area which the respondents have not done and in the instant case the petitioner has been sent to a core scheduled area vide order dated 23.08.2019 whereby the petitioner has been sent from Gariyaband to District Bijapur.

3. Given the aforesaid facts, let the petitioner make a representation in this regard to the respondents within a period of 10 day from today along with copy of transfer policy of the State highlighting the aspect of transfer from Scheduled area to non Scheduled area, and the respondents, in turn, shall

consider and decide the same in accordance with transfer policy 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 23.08.2019 shall remain stayed so far as petitioner is concerned.

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