Kiran Kumar Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 8220 OF 2019 Kiran Kumar Dewangan, S/o Shri Itwari Lal Dewangan, aged about 46 years, Post - Assistant Engineer (E/M), Department of Public Health Engineering, R/o HIG322, Vijeta Complex, New Rajendra Nagar, Post Ravigram, P.S. Telibandha, Raipur, District Raipur (CG) ... Petitioner versus 1.

State of Chhattisgarh, through the Secretary, Department of Public Health Engineering, Ministry, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur (CG) 2.

The Engineer in Chief, Department of Public Health Engineering, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur (CG) PIN 492002 3.

Superintending Engineer (E/M) Circle, Department of Public Health Engineer, Neer Bhawan, Civil Line, P.S. Civil Line, P.O. Main Post Office, Raipur, District Raipur (CG) PIN 492001.

... Respondents For Petitioner :

Mr. Alok Kumar Dewangan, Advocate.

For Respondent-State :

Mr. Abhyunnati Singh, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 04/10/2019 1.

Challenge in the present writ petition is to the order dated 13.8.2019 (Annexure P-1) whereby the petitioner has been transferred from the Office of Superintending Engineer (E/M), Public Health & Engineering Department, Block Dharsiwa, District Raipur to the Office of Engineer in Chief, Ministry, Public Health & Engineering Department, Block Arang, District Raipur. 2.

Contention of the counsel for the petitioner is that the appointment of the petitioner in the department was under the 'persons with disabilities' quota. The petitioner has now been transferred to a place which is more than 45km away from his present place of posting which would cause great inconvenience to him as he suffers from more than 60% of disability as is evident from the permanent disability certificate (Annexure P-2) produced by the petitioner. 3.

Given the said facts and circumstances of the case, subject to verification of the aforesaid contention, let the petitioner within 10 days from today make a suitable representation to the respondents which in turn shall be considered and decided by the respondents sympathetically, as expeditiously as possible, preferably within a period of 45 days from the date of receipt of representation.

4.

Till the representation is decided, the effect and operation of the impugned order of transfer (Annexure P-1) shall remain stayed so far as the petitioner is concerned.

5.

With the aforesaid, the writ petition stands disposed of. Sd/- (P. Sam Koshy) /sharad/ JUDGE