Jagdish Prasad Pandey v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6612 of 2021 • Jagdish Prasad Pandey S/o Late Netra Prasad Pandey Aged About 61 Years Working As Chief Municipal Officer, Department Of Urban Administration And Development Posted At Nagar Panchayat Simga, District Baloda Bazar-Bhatapara Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. Director Department Of Urban Administration And Development, Indrawati Bhawan, Mantralaya, Atal Nagar, Nava Raipur District Raipur Chhattisgarh ---- Respondents ________________________________________________________________________ For Petitioner :

Shri Vikas Dubey, Advocate For State/Respondents :

Shri Lalit Jangade, Dy. G.A., on advance copy ------------------------------------------------------------------------------------------------------------- Single Bench: Hon'ble Shri Sanjay S. Agrawal, J Order On Board 01.12.2021 1.

By way of this petition, the petitioner is questioning the legality and propriety of the order dated 24.11.2021 (Annexure P1) passed by respondent No.1, whereby the petitioner, who is working as Chief Municipal Officer in Nagar Panchayat, Simga, District Baloda Bazar Bhatapara has been transferred to the Municipal Council, Akaltara, District Janjgir Champa. 2.

It is submitted by the petitioner that only 8 months service period is left as he is going to be retired after 8 months and the alleged transfer has been made in contrary to Clause 2.10 of the Transfer Policy dated 27.6.2019 (Annexure P4) and therefore, the order impugned deserves to be stayed pending decision of this petition.

3.

In view of the aforesaid facts and circumstances of the case, let the petitioner make a detailed representation in this regard to the respondent No.1 within a period of 10 days from today and the respondent No.1, in turn, shall

consider and decide the same at the earliest preferably within a period of 45 days from the date of receiving the representation in accordance with the Transfer Policy of the State Government dated 27.6.2019 as also taking note of the fact that the petitioner has left only about 8 months of service for his retirement. Till the representation of the petitioner is decided, the effect and operation of the impugned order dated 24.11.2021 (Annexure P1) in so far as the present petitioner is concerned, shall remain stayed. 4.

The Writ Petition is accordingly stands disposed of. Sd/- (Sanjay S. Agrawal) JUDGE sunita