B.M. Rath v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8502 of 2019 B.M. Rath, S/o. Basdeo Rath, Aged About 57 Years, Junior, Account Officer, Office Of Assistant Commissioner, Tribal Development Department, Kondagaon, District Kondagaon (Chhattisgarh) ---- Petitioner
Versus
1. State Of Chhattisgarh, Through Principal Secretary, Tribal Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur Chhattisgarh.
2. Assistant Commissioner, Tribal Welfare Department, Kondagaon, District Kondagaon Chhattisgarh
3. Assistant Commissioner, Tribal Welfare Department, Durg, District Durg Chhattisgarh ---- Respondents For Petitioner :
Mr. T.K.Jha, Advocate For State/Respondents :
Mr. Sudhir Sahu, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 16.10.2019 Heard.
1. Grievance of the petitioner is that the petitioner who is working as Junior Account Officer has been transferred from the office of Assistant Commissioner Kondagaon to the office of Assistant Commissioner Durg. It is contended that the petitioner is suffering with mouth cancer and he has been treated in the Cancer Hospital and he was advised not to take any outside cooked food and he is not physically well. He further submits that the Collector, considering the nature of the ailment of the petitioner, has recommended for cancellation of transfer by Annexure P-5 dated 20.08.2019. It is further contended that the family of the petitioner is stationed at Kondagaon, therefore, it would be extreme hardship to the petitioner to join his transferred place primarily considering the ailment.
2. Perused the documents. The documents show that the petitioner is suffering
with cancer and recommendation has been made by the Collector for cancellation of his transfer and further the petitioner has also made a representation. Considering the ailment of the petitioner, it is directed that till the recommendation of the petitioner is decided, the transfer in respect of the petitioner shall not be carried out.
3. With such observation, the petition stands disposed off. Sd/- Goutam Bhaduri Judge Ashok