Ajay Kumar Mourya v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 178 of 2019

1. Ajay Kumar Mourya, S/o Late Shri Onkar Prasad Mourya, Aged About 48 Years, Presently Posted As Food Inspector, Food Civil Supplies Department, Bilaspur, District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Food, Civil Supplies And Consumer Protection Department, Mantralaya, Manhanadi Bhawan Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh

2. Director, Food And Civil Supplies And Consumer Protection, Indrawati Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

3. Ashish Diwan, Food Inspector, Food Civil Supplies Department, District : Janjgir-Champa, Chhattisgarh

4. Smt. Preeti Choubey, Food Inspector, Food Civil Supplies Department, Balod, District : Balod, Chhattisgarh

5. Onkar Singh Thakur, Food Inspector, Food Civil Supplies Department, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh ---Respondents For Petitioner :

Mr. Syed Majid Ali, Advocate For State :

Ms. Sunita Jain, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 17.09.2019 1.

The present Review Petition has been filed seeking review of the Order dated 09.09.2019 passed in WPS No. 7061 of 2019. 2.

The counsel for the applicant submits that, the reason for filing the Review Petition is that, this Court while disposing off the Writ Petition had granted interim protection to the petitioner, however, when the Certified Copy was received, the interim protection part does not find place in the order.

-23.

The contention of the petitioner is that, the order under challenge in the original Writ Petition was to the order of transfer dated 23.08.2019, whereby the petitioner has been transferred from Bilaspur to Balrampur.

4.

The ground of challenge was that, the petitioner in the recent past on his own request had been transferred to non-scheduled area at Bilaspur from a scheduled area and in a short span of time, the petitioner is again being sent to a schedule area without permitting the petitioner to complete his normal tenure at the non-schedule area after having served in a schedule area.

5.

The second ground was that, he is an office bearer of the Chhattisgarh Khadya Apurti Nirishak Sangh.

6.

Given the aforesaid facts and circumstances of the case and also verifying the fact that, this Court is of the opinion that the interim protected grant by this court seems to have been inadvertently skipped from the order by the person who has typed it. 7.

Given the said facts, accordingly the present Review Petition deserves to be and is accordingly allowed. The Order dated 09.09.2019 passed in WPS No. 7061 of 2019 stands recalled and WPS No. 7061 of 2019 is ordered to be listed for further hearing during the course of the day itself. The Registry is directed to ensure that the matter ie., WPS No. 7061 of 2019 be listed during the course of the day itself by way of a supplementary list.

8.

Accordingly, the Review Petition stands allowed and disposed off. Sd/- (P. Sam Koshy) Judge Rahul