High Court Of ChhattisgarhWPS/7076/2019disposed off

Ravishankar Chandrakar v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.7076 OF 2019 Ravishankar Chandrakar S/o Late Shri Ridh Ram Chandrakar Aged About 45 Years Working As Assistant District Public Prosecution Officer, Office Of Deputy Director Prosecution, District - Mungeli, Chhattisgarh.

...Petitioner(s)

Versus

1. State of Chhattisgarh Through The Under Secretary, Home Department, Mantralaya, Atal Nagar, New Raipur, Chhattisgarh.

2. The Additional Director Directorate of Public Prosecution, Indrawati Bhawan, New Raipur, Chhattisgarh.

3. The Deputy Director Prosecution District - Mungeli, Chhattisgarh. ... Respondent(s) For Petitioner :

Shri GP Kurre, Advocate.

For Respondent-State :

Shri Anshuman Shrivastava, P.L.

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

1. The challenge in the present writ petition is to the order of transfer dated 23.08.2019 whereby the petitioner has been transferred from Mungeli to Raigarh.

2. The contention of the petitioner is that, the petitioner is a disabled person and has been given appointment under the disability quota and that he is unable to walk without help of a walker. The petitioner also drew the attention of court towards disability certificate filed by the petitioner in the writ petition which says that the petitioner has got permanent disability of more than 45 percent.

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 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 impugned shall remain stayed so far as petitioner is concerned.

4. It is made clear that while deciding the representation of the petitioner, the concerned respondent would also keep in mind the transfer policy of the State Govt. so far as dealing with the disabled persons are concerned and shall also keep in mind the provisions of the Persons with Disability Act, 2016.

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