Umashankar Gupta v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8784 of 2019 Umashankar Gupta S/o Late Shri R.N. Gupta Aged About 56 Years Posted As Project Officer, Integrated Child Development Scheme Sipat, Sarkanda, Bilaspur, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Women And Child Development Department, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh

2. Director, Women And Child Development Department, Indrawati Bhawan, New Raipur, District Raipur Chhattisgarh

3. Smt. Posted As Project Officer, Integrated Child Development Scheme, District Chhattisgarh, ----Respondents For petitioner - Shri Anup Majumdar, Advocate. For State- Shri Avinash Singh, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 23/10/2019 1.

The contention of the petitioner is that the petitioner by impugned order dated 21/08/2019 has been transferred from Integrated Child Development Office, District Bilaspur to Integrated Child Development Office, District Jashpur. It is stated that the petitioner is more than 55 years of age and already served at schedule area for more than 17 years and again he has been sent to the schedule area. As per the policy of the State clause 1.6 which lays down that person who are not earlier posted in schedule area should be posted there and person who has already served in schedule area preference to place him in non-schedule area should be given. It is contended that document would show that the petitioner has served more than 17 years in Lailunga which is schedule area under Raigarh District, therefore the transfer order whereby the petitioner has been transferred again to schedule area may be cancelled. 2.

Perused the document as also clause 1.6 of the transfer policy of

the State and the document filed along with the petition prima facie shows that the petitioner has already served in Lailunga which is schedule area according to the list which is annexed with the petition. Considering the fact, it is directed that the petitioner shall make a representation within a period of three weeks from today to the concerned respondent. If such representation is filed, same may be decided within a further period of 45 days. Till then the transfer order dated 21/08/2019 in respect of the petitioner shall not be given effect to.

3.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri