High Court Of ChhattisgarhWPS/7021/2019disposed off

Mahavir Singh Rajput v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7021 of 2019 Mahavir Singh Rajput S/o Shri Ram Khilawan Singh, Aged About 57 Years, Presently Working As Sub Divisional Officer (R.E.S.) Odgi, District Surguja, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, New Raipur, Atal Nagar, District Raipur, Chhattisgarh

2. Under Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, New Raipur, Atal Nagar, District Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. U. N. S. Deo, Advocate For State :

Mr. P. Acharya, P.L.

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 22.08.2019 whereby the petitioner has been transferred from Odgi to Sukma.

2. The ground of challenge in the present writ petition is that the petitioner has already worked in a scheduled area and now he is being sent to a core scheduled area which is contrary to the transfer policy of the State. Counsel for the petitioner submits that as per the

transfer policy, a person who has already worked in a scheduled area should not be transferred again in a scheduled area whereas the petitioner now is being sent to a core scheduled area from a scheduled area. He further submits that there is no reliever being sent in place of the petitioner, it again violates Clause 3.4 of the Transfer Policy.

3. Given the aforesaid facts, let the petitioner make a detailed representation to the respondents within a period of 10 days from today and the respondents in turn shall consider the same within a further period of 45 days from the date of receipt of the representation.

4. Till the representation of the petitioner is decided, the effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed.

5. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai