High Court Of ChhattisgarhWPS/8080/2018allowed

Dr. R. S. Maurya v. State Of Chhattisgarh

2018-12-07Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8080 of 2018 Dr. R. S. Maurya S/o Late Ramnihora Maurya Aged About 60 Years Working As Deputy Director, Veterinary, Balod, District Balod Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Livestock Development, Department, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. The Collector And District Returing Officer Collectorate Office, Balod, District Balod Chhattisgarh., District : Balod, Chhattisgarh ---- Respondents For petitioner :

Shri Somkant Verma, Advocate.

For State :

Shri Dhiraj Wankhede,GA.

Hon'ble Shri Justice P. Sam Koshy Order on Board 07/12/2018

1. The challenge in the present writ petition is to the order dated 06.10.2018 whereby the services of the petitioner has been transferred from the office of Deputy Director, Veterinary Services, District Balod to the office of the Deputy Director, Veterinary Services, District Dantewada.

2. The counsel for the petitioner challenges the order of transfer on the ground that firstly the petitioner being aged more than 60 years and accordingly, as per the policy of the State Government itself, the persons/employees/officers, who have crossed the age of 55 years would not be transferred to the inaccessible schedule areas. By the impugned order the petitioner is being sent to one of the inaccessible schedule areas and which the respondents should not have done

and the order thus is violative of the policy of the State Government in this regard.

3. Given the aforesaid factual matrix of the case which are arising out of the policy of the State Government, it is ordered that let the petitioner make a detailed representation to the respondent No.1, who in turn shall taking into consideration the contentions raised by the petitioner so far as the policy decision considering the age factor for transfer shall pass a suitable order at the earliest preferably within a period of 60 days. Meanwhile the effect and operation of the impugned order so far as the petitioner is concerned, shall not be given effect to, if it has not been till now executed.

4. The writ petition accordingly stands allowed and disposed off. Sd/- (P. Sam Koshy) Rohit JUDGE