High Court Of ChhattisgarhWPS/8132/2019disposed off

Prakash Soni v. State Of Chhattisgarh

2019-10-04Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS. No. 8132 OF 2019 Prakash Soni S/o Ganesh Ram Soni Aged About 41 Years R/o Near Tahsil Office, Gunderdehi Tahsil - Gunderdehi, District - Balod Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District - Raipur Chhattisgarh.

2. Collector, Balod , O/o Collector, District - Balod Chhattisgarh ---Respondent(s) For Petitioner :

Mr. Animesh Verma, Adv.

For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04.10.2019

1. The challenge in the present writ petition is to the impugned order Annexure P-1 dated 23.08.2019 whereby the services of the petitioner have been transferred from Distt. Balod to Sought Bastar, Distt. Dantewada.

2. The contention of the petitioner is that it is just one year & one month time that the petitioner has worked in the present District i.e. Balod since 31.07.2018. Prior to that, the petitioner had worked in a scheduled area i.e. District Kondagaon for a period of more than 3 years. As per the scheduled area policy of the State government, Government should permit the petitioner to complete his normal tenure of posting at the present place before transferring him out of the District, particularly in a non-scheduled area. However, contrary to the policy of the State Government, the petitioner now has again

been transferred from a non schduled area to a core scheduled area.

3. Given the said facts, let the petitioner make a detailed representation to the respondents within a period of 10 days from the date of receipt of the copy of this order and the respondents in turn shall decide the same within a further period of 45 days from the date of receipt of the representation.

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

5. With the aforesaid observations, the present writ petition stands disposed off.

Sd/- (P. Sam Koshy) Judge Jyotijha