High Court Of ChhattisgarhWPS/7437/2019disposed off

Ramakant Sharma v. State Of Chhattisgarh

2019-09-13Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7437 of 2019 Ramakant Sharma S/o Late Shri S. P. Chaturvedi Aged About 61 Years Presently Posted As Assistant Engineer ( E And M ) Public Works Department, District - Raipur Chhattisgarh. Pin Code - 492001, District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Public Works Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh - 492002, District : Raipur, Chhattisgarh

2. Under Secretary, Public Works Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, Chhattisgarh - 492002, District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Nimish Kiran Sharma, Advocate For State :

Mr. P. Acharya, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 13/09/2019

1. The challenge in the present writ petition is to the order of transfer dated 20.06.2019 passed by the respondents transferring the petitioner from Raipur to Manendragarh.

2. Contention of the petitioner is that he has got only about 13 months' for retirement. He is retiring in October, 2020. Therefore, at this juncture all is carrer he should not have been transferred keeping in view the transfer policy.

3. Moreover, the petitioner has already made representation highlighting the fact that there is no sub division of electrical and maintenance available in the Public Works Department in Sub Division Manendragarh which also

has been taken note of by the concerned authority in the department and no order as such has been passed on the representation of the petitioner.

4. Given the said facts and circumstances of the case, let respondent No. 1 take appropriate decision on the representation of the petitioner which he has already made at the earliest considering the short service left for the petitioner for retirement and also there being no Sub Division for electrical and maintenance at Manendragarh under the respondents available.

5. Let representation be decided within a period of 45 days and meanwhile the effect and operation of the impugned order so far as the petitioner is concerned shall remain stayed inclusive of any relieving order which has been passed in between.

6. The present Writ Petition, accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit