Jheel Kumar Jaiswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8823 of 2019 • Jheel Kumar Jaiswal S/o Shri Vishnu Prasad Jaiswal, Aged About 39 Years R/o Rama Life City House No. M.L. Sakri, P.S. Sakri, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary, Department Of Planning, Economic And Statistic, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. Director Cum Commissioner Department Of Planning, Economic And Statistic, Indrawati Bhawan, Naya Raipur, Chhattisgarh

3. Collector Bilaspur, District Bilaspur Chhattisgarh

4. Deputy Director, District Planning Economic And Statistic Office, IInd Floor New Composite Building Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Shri Arvind Dubey, Advocate For Respondents/State :

Shri Avinash Singh, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 24/10/2019

1. Heard.

2. The grievance of the petitioner is that by the impugned order dated 15.10.2019 the petitioner has been transferred from the office of District Planning and Statistics, Bilaspur to the office of District Planning and Statistics, Gariyaband.

3. It is contended that the wife of the petitioner is working Assistant Professor (Physics) at Government Madan Lal Shukla College, Seepat, District Bilaspur

and the primary projection is made that the petitioner is blessed with twins at the advance age of their matrimonial life on 01.11.2018, therefore, the petitioner may be transferred to a nearby places which are vacant. It is further contended that the husband & wife are normally placed in the same or near by place, therefore, the petitioner's transfer to Gariyaband which is far away, may be canceled. Further ground is raised that the father of the petitioner is suffering and is a serious chronic patient of asthmatic disease, therefore, the transfer of the petitioner may be canceled.

4. Perused the document. The perusal of the document shows that the wife of the petitioner is working as Assistant Professor at Seepat and the medical documents have also been filed. Considering the totality that the wife of the petitioner is working nearby the petitioner, therefore, it is directed that the petitioner shall make afresh representation in this regard within a period of 15 days from today before the concerned respondent and the said respondent in turn shall consider and decide the same in accordance with the transfer policy at the earliest preferably within a further period of 45 days. Till the representation of the petitioner is decided, the transfer of the petitioner shall not be given effect to.

5. With the aforesaid observation, the writ petition stands disposed of.

6. Certified copy today.

Sd/- Goutam Bhaduri Judge Ashu