Uttam Kumar Tikariha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.6986 OF 2019 Uttam Kumar Tikariha S/o Shri Jitendra Nath Tikariha aged About 61 Years Presently Posted and Working as Development Extension Office, Janpad, Panchayat Dhamdha, District Durg Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Panchayat and Rural Development Department Manatralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.

2. Development Commissioner Chhattisgarh Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Shashank Thakur, Advocate.

For Respondent-State :

Shri Jitendra Pali, Dy. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09.09.2019 1.

Challenge in the present writ petition is to the order of transfer dated 22.08.2019 whereby the petitioner has been transferred from Damdha, Durg to Bijapur, District Bijapur.

2.

The contention of the petitioner is that, the petitioner has got only 14 months left for retirement. The second ground raised by the petitioner is that, the petitioner is more than 60 years of age and that as per the transfer policy a person with more than 55 years of age should not be sent to a scheduled area and core scheduled area whereas, vide the impugned order the petitioner is being sent to a core scheduled area which is violative of transfer policy.

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 impugned order so far as petitioner is concerned, shall remain stayed.

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