Natwar Singh Rathore v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8704 of 2019 Natwar Singh Rathore, S/o. Shri Ganesh Singh Rathore, Aged About 43 Years, Presently Posted And Working As Food Inspector At Pendra Road, District Bilaspur, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Food, Civil Supplies And Consumer Protection Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur, Chhattisgarh.

2. Director, Food And Civil Supplies And Consumer Protection, Indrawati Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh.

3. Smt. Varsha Singh, Presently Posted And Working As Food Inspector At Janjgir, District Janjgir-Champa, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Syed Majid Ali, Advocate For State :

Ms. Richa Shukla, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 22.10.2019 Heard 1.

Grievance of the petitioner is that the petitioner was appointed in the year 2012 on the post of Food Inspector; subsequently, he was posted at Balrampur for 5 years up till 17.10.2017, which is core scheduled area and he was relieved to Bilaspur and joined at Block Marwahi in the year 2017. It is further stated that the petitioner has already served more than 5 years in the scheduled area according to clause 2.1 of the transfer policy; therefore, he is not required to be posted again in the core scheduled area. Further, it is contended that the wife of the petitioner is a Teacher posted at District Bilaspur and apart from that the petitioner comes under the protective

category as he is the office bearer of Chhattisgarh Karmachari Sangh, therefore, the transfer may be canceled.

2.

Perused the documents. The documents would show that the petitioner after appointment as per Annexure P-2 was posted at Balrampur and as per Annexure P-3 he was relieved in the year 2017. After that the petitioner joined in the non-scheduled area at Bilaspur in the year 2017 and subsequently the present transfer has been made. The wife of the petitioner also appears to be a Government Teacher posted at District Bilaspur and the document Annexure P-6 would show that the petitioner is the office bearer of Chhattisgarh Karmachari Sangh as he is holding the post of Regional Secretary. Considering the same, the petitioner would be at liberty to make a detailed representation to the respondent No.1 within a period of 15 days from today, who, in turn, shall consider and decide the same within an outer limit of 45 days from the date of receipt of the representation. Till then the transfer of the petitioner shall not be given effect to, if it has not been carried out till date.

3. With such observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge ashok