High Court Of ChhattisgarhWPS/8885/2019disposed off

Premlal Gajendra v. State Of Chhattisgarh

2019-10-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8885 of 2019 • Premlal Gajendra, S/o Shri Gajendra, Aged About 60 Years Working As Revenue Inspector, Raipur- 2, Tahsil Raipur, District Raipur, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Revenue And Disaster Management, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

2. Collector Raipur, District Raipur, Chhattisgarh.

3. Tahsildar Tahsil Raipur, District Raipur, Chhattisgarh. ---- Respondents For Petitioner :

Shri Pranjal Shukla, Advocate For Respondents/ State :

Ms. Beenu Sharma, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 24/10/2019

1. Heard.

2. Challenge in this petition is to the order dated 14.10.2019 where from the petitioner has been transferred from Office of Collector, Land Record Department, Tenshil and District Raipur to Revenue Inspector Circle, Tandva, Tehsil Tilda .

3. It is contended that earlier petitioner was transfered from Revenue Inspector Circle No. 11 Tenshil and District Raipur to Office of Collector Land Record District Balodabazar, Bhatapara which was subject of challenge before this Court in WPS No. 6368 of 2019 whereby this Court on 22.08.2019 directed to decide the representation of the petitioner within a period of 30 days,

subsequently the transfer was cancelled by order dated 23.08.2019 (Annexure P-4) and by the impugned order the petitioner has again been transfer to Raipur. It is contended that the order Annexure P-1 is in respect to the persons who were transferred on 13.08.2019, however, the petitioner was not transferred by order dated 13.08.2019. In view of this, the order of transferring the petitioner to Tilda would be bad. It is further contended that the petitioner is more than 60 years and is left with only 19 months of service and as per the policy at the fag end of the service the petitioner may not be transferred, therefore, it may be considered and the transfer order of the petitioner may be cancelled.

4. Perused the document which shows that on earlier occasion the petitioner was transfered on 14.08.2019 to Baladabazar which was cancelled by order dated 23.08.2019 and subsequent to the representation made the petitioner has been transferred again to Land Record Department, Tenshil and District Raipur.

5. Taking into the fact, that petitioner is left only with 19 months of service and is at fag end of his service, the petitioner is given liberty to file a representation to the concerned respondent within 15 days from the date of receipt of copy of this order. The representation so filed shall be decide by the respondents within 45 days, till then the transfer order of the petitioner shall not be given effect to.

6. Accordingly, the petition stands disposed of.

7. Certified copy today.

Sd/- Goutam Bhaduri Judge Jyoti