Ramavtar Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7775 of 2018 Ramavtar Yadav S/o Shri Ram Khilavan Yadav, Aged About 53 Years, R/o Village And Post Janakpur, Tahsil Bharatpur, District Koriya, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Women And Child Development, Indrawati Bhavan, Atal Nagar, Post Rakhi, Naya Raipur, Tahsil And District Raipur, Chhattisgarh

2. The District Programme Officer, Integrated Child Development Project Bharatpur, District Koriya, Chhattisgarh

3. The Project Officer, Integrated Child Development Project Bharatpur, District Koriya, Chhattisgarh ---- Respondents For Petitioner :

Shri Prateek Sharma, Advocate For State :

Shri D. Wankhede, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 29.11.2018 The grievance of the petitioner is that he has been transferred vide order dated 05.09.2018 from the Office of District Project Director, Women and child Development, Gariyaband to the Office of Integrated Child Development Project, Bharatpur, District Koriya. Though the petitioner was

immediately relieved from Gariyaband and he reported for duty at Bharatpur, District Koriya on 08.10.2018, respondent no.3 did not grant joining to the petitioner on the pretext of seeking instruction from the higher authorities as to whether joining could be given to the petitioner or not. Subsequently, the Joint Director as well as the Additional Collector have issued specific instructions that the petitioner can be given joining at Bharatpur, District Koriya but till dated the petitioner has not been granted joining.

2.

Given the said fact, this Court is of the opinion that now that the election duties are over, there does not seem to be any good reason as to why the authorities should not give joining to the petitioner particularly when it has been specifically stated that the transfer order dated 05.09.2018 has not been in any manner modified, amended or recalled so far as the petitioner is concerned.

3.

Given such facts, let respondents 2 & 3 take a decision in this regard at the earliest preferably within a period of 2 weeks from the date the petitioner brings the order passed by this Court to the notice of respondents 2 & 3. While taking a decision, the respondents shall also ensure that the petitioner would be paid the entire salary for the period from which he had given his joining to the Department.

4.

The writ petition accordingly stands disposed of. 5.

Certified copy today.

Sd/- P. Sam Koshy Judge Bhola