High Court Of ChhattisgarhWPS/7893/2019disposed off

Sunil Dewangan v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7893 of 2019 Sunil Dewangan S/o Late Shri Satyanarayan Dewangan Aged About 56 Years Working As Village Agriculture Extension Officer At Office Of The Senior Agriculture Development Officer, Block Dhamtari, District Dhamtari Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Agriculture Development And Farmer Welfare And Bio-Technology Department, Mantralaya, Mahanandi Bhawan, Atal Nagar Naya Raipur District Raipur Chhattisgarh

2. Director, Directorate Chhattisgarh Agriculture Department, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh

3. Deputy Director, Agriculture Department, District Dhamtari Chhattisgarh,

4. Deputy Director, Agriculture Department, District Kondagaon Chhattisgarh ---- Respondents For Petitioner :

Mr. R. S. Patel, Advocate For State :

Mr. Ashutosh Mishra, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 25/09/2019

1. The challenge in the present writ petition is to the order of transfer dated 22.08.2019 passed by the respondents transferring the petitioner from Dhamtari to Kondagaon.

2. Contention of the petitioner is that the petitioner has already worked in the past for a period of 10 years at district Kondagaon from 1988-

1998. The petitioner thereafter worked in the different scheduled area and after that for last couple of years, he has been working at Dhamtari. Now he is again being transferred to a scheduled area i.e. Kondagaon where he has already worked for 10 years in the past. Second ground of challenge is that the petitioner is already more than 55 years of age and as per the scheduled area policy itself, the persons with more than 55 years of age should not be posted to a scheduled area as far as possible.

3. Given the said facts, let petitioner make a detailed representation to the respondent No.1 within a period of 10 days, who in turn shall decide the representation of the petitioner within a period of 45 days. However, while deciding the representation they shall be at liberty to consider transferring the petitioner in any other area other than Kondagaon where he has already worked.

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

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

Sd/- (P. Sam Koshy) Judge Rohit