Vijay Prabhat Sharal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9529 of 2019 • Vijay Prabhat Sharal S/o Late Shri Jagdish Prashad Sharal Aged About 51 Years Working Is Post Of Project Officer In Integrated Child Allotment Service Project Berla, District Bemetara, R/o Berla, District Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Women And Child Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh

2. The Under Secretary Mahanadhi Bhavan, New Raipur, District Raipur, Chhattisgarh

3. The Director Directorate Of Women And Child Development Department, New Raipur, District Raipur, Chhattisgarh

4. Collector Bemetara, District Bemetara, Chhattisgarh ---- Respondents For Petitioner :

Shri T.K. Tiwari, Advocate For Respondents/State :

Shri Amrito Das, Addl. AG Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/11/2019

1. Heard.

2. The grievance of the petitioner is that the petitioner after his appointment in the year 1999 was posted at Kanker and till 2009 he remained at Kanker, a scheduled area. Subsequently, the petitioner was transferred to Bastar, which is also a scheduled area from Kanker in the year 2009 and remained there till 2014. Thereafter, in the year 2014 the petitioner was transferred to Baloda

Bazar, non scheduled area, from Bastar. Thereafter in the year 2018 he was transferred from Baloda Bazar to Bemetara. Now by the impugned order dated 08.11.2019 the petitioner again has been transferred to the scheduled area i.e. from Bemetara to Dantewada.

3. It is contended that the petitioner has already served more than 14 years in the scheduled area after 2 to 3 years in the non scheduled area again he has been transferred to the scheduled area and according to the policy of the State the person who has served in the scheduled area for a long period, he should not be transferred to the scheduled area again.

4. Perused the documents and the policy of the State. Considering the same, 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 respondents in turn shall consider and decide the same in accordance with the transfer policy at the earliest preferably within a further period of 60 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. Sd/- Goutam Bhaduri Judge Ashu