High Court Of ChhattisgarhWPS/7799/2019disposed off

Satish Minj v. State Of Chhattisgarh

2019-09-25Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7799 of 2019 Satish Minj S/o Late Shri G.W. Minj Aged About 59 Years Senior CoOperative Inspector Office Of Assistant Registrar, Co-Operative Societies Balrampur, District - Balrampur Ramanujganj Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through - Avar Secretary, Department Of CoOperative, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur Chhattisgarh

2. The Registrar Co-Operative Societies, Indravati Bhawan, Naya Raipur, Atal Nagar, District - Raipur Chhattisgarh

3. The Assistant Registrar Co-Operative Societies Balrampur, District - Balrampur Ramanujganj Chhattisgarh ---- Respondents For Petitioner :

Mr. A. S. Rajput, Advocate For State :

Mr. Jitendra Pali, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25/09/2019

1. The challenge in the present Writ Petition is to the impugned order Annexure P/1 dated 14.08.2019 whereby the services of the petitioner has been transferred from a scheduled area to a core scheduled area.

2. Counsel for the petitioner submits that petitioner for the last 25 years is working in the scheduled area and therefore if at all, if respondent wanted to transfer, they should have transferred the

petitioner to a non scheduled area. Petitioner has also questioned the transfer order on the ground that his wife is also a Government Employee and is posted at Balrampur.

3. Given the aforesaid facts and circumstances of the case, let petitioner make a representation to respondent No.1 within a period of 10 days and on receipt of the representation, the respondent No.1 in turn shall consider the case of the petitioner for being transferred to a non scheduled area immediately in terms of the scheduled area policy of the State Government within a period of 45 days considering the fact that petitioner has worked in a scheduled area for the last 25 years.

4. Till the representation of the petitioner is decided, the effect and operation of the impugned order shall remain stayed so far as petitioner is concerned.

5. Consequential order of transfer if required, for amending the place of posting of the petitioner from a scheduled area to a non scheduled area would not be hit by the ban imposed by the State Government from transferring a person from 23.08.2019.

6. With the aforesaid observations, the writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit