High Court Of ChhattisgarhWPS/9327/2019disposed off

Rajnarayan Singh v. State Of Chhattisgarh

2019-11-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9327 of 2019 • Rajnarayan Singh S/o Late Kailash Prasad Singh Aged About 50 Years R/o Post Ghutra, P.S. Manendragarh, District Koriya Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh Through Principal Secretary, Department Of Forest, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh

2. The Divisional Forest Officer O/o Divisional Forest Office, Manendragarh Forest Division, Manendragarh Chhattisgarh

3. Smt. Vinita Kujur Presently Posted As Forester, Paradol, Manendragarh Forest Division, Manendragarh Chhattisgarh ---- Respondents For Petitioner :

Shri Shishir Dixit, Advocate For Respondents/State :

Ms. Richa Shukla, Dy. GA Hon'ble Shri Justice Goutam Bhaduri Order On Board 18/11/2019

1. Heard.

2. The grievance of the petitioner is that by order dated 23.08.2019 the respondent No.3 has been posted in place of petitioner as Forester at Ghutra, Manendragarh Forest Range, however, no transfer order in respect of the petitioner has been issued. It is submitted that the petitioner was posted in the said post on 17.09.2018 within a short time again one person has been posted and as per Rule 12 of the Fundamental Rules, two persons cannot be posted in same post.

3. Given the said facts and circumstances of the case, the dispute needs a consideration by respondent no.1 at the earliest so as to resolve the dispute between the petitioner and respondent no.3, since there is no order of posting of the petitioner to a different place and the place where the petitioner is working is the place where he is substantively posted vide order dated 17.09.2018 and now the respondent no.3 is also being sent to the same place without changing the place of posting of the petitioner.

4. Let therefore the petitioner make a suitable representation in this regard to respondent no.1 within a period of 15 days, which shall be duly considered and decided by respondent no.1 at the earliest.

5. Till the representation of the petitioner is decided, let status quo as it exists today be maintained so far as the posting of the petitioner as well as respondent no.3 is concerned.

6. With the aforesaid, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu