Padman Nayak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS. No. 7110 OF 2019 Padman Nayak S/o Shri Jagbandhu Nayak Aged About 62 Years Occupation Service, Presently Posted As Assistant Internal Account And Taxation Officer Basna, Police Station Basna, District Mahasamund, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Panchayat And Rural Development Department Mantralaya Mahanadi Bhawan Capital Complex, Atal Nagar Naya Raipur, District Raipur, Chhattisgarh.

2. Chief Executive Officer Jila Panchayat Mahasamund, District Mahasamund, Chhattisgarh ---Respondent(s) For Petitioner :

Mr. Sunil Sahu, Adv.

For State :

Ms. Abhyunnati Singh, P.L.

Hon'ble Shri Justice P. Sam Koshy Order on Board 06.09.2019

1. The challenge in the present Writ Petition is to the order (AnnexureP/1) dated 22/08/2019 whereby the services of the petitioner has been transferred from Janpad Panchayat Basna, Distt. Mahasamund to Janpad Panchayat Sarangarh Distt. Raigarh.

2. The contention of the petitioner is that there are only less than two months service left of the petitioner to retire and now he has been transferred from Basna Mahasamund to Sarangar Raigarh.

3. Given the aforesaid fact, he has got only less than two months service left for his retirement, the impugned order so far as the petitioner is concerned is totally in violation of the transfer policy. The petitioner has just got less than two months service left as he is retiring on 31.10.2019. Transfer of the petitioner, at this juncture, is totally uncalled for, therefore, the impugned order so far as the

petitioner is concerned, therefore, it is liable to be and is accordingly set aside/ quashed.

4. Reserving the right of the respondent / state to take appropriate steps in accordance with the rules.

5. The writ petition stands allowed and disposed off. T he- Sd/- (P. Sam Koshy) Judge Jyotijha