Ashok Jagat vs State Of Chhattisgarh

Heard.

Challenge in this writ petition is to the impugned order of transfer dated 30.9.2022 (Annexure P­1), whereby the petitioner who is posted as Assistant Internal Auditor and Taxing Officer in Janpad Panchayat, Podi­Uproda, District Korba has been transferred to Janpad Panchayat Khadgawan, District Manendragarh­Chirmiri­Bharatpur on administrative ground.

Mr.Sushil Dubey, learned counsel for the petitioner, submits that the petitioner is holding district cadre post and he has been transferred from one district to another. The petitioner is working since long in schedule area and he has again been transferred from one schedule area to another schedule area, which is in violation of Clause 1.3 of the circular dated 3.6.2015. Child of the petitioner is studying in B.Com first year at Government Mukutdhar Pandey College, Katghora and transfer of the petitioner is in mid academic session and therefore, the impugned order of transfer be interdicted.

On the other hand, Mr.Sandeep Dubey, learned Deputy Advocate General for respondents No.1 and 2/State, submits that the petitioner is government servant holding transferable post, hence, has no vested right to remain posted at one place and is liable to be transferred from one place to other. Impugned transfer order is issued by competent authority on administrative ground, hence it does not call for any interference. However, if petitioner is aggrieved in any manner with his transfer, he can very well file representation before the Committee constituted by the State Government under the Transfer Policy to consider grievance of employee against transfer. He however submits that submission of learned counsel for the petitioner that petitioner's post is district cadre is not correct and it is State cadre post.

I have heard learned counsel for the parties and also perused the documents placed on record.

The submission of learned counsel for the petitioner that the petitioner is working since long in schedule area and he has again been transferred to schedule area, Clause 1.3 of the circular dated 3.6.2015 would show that the employee who has completed 2 years in difficult schedule area and 3 years in normal schedule area becomes entitled for his / her posting in non­schedule area, child of the petitioner is studying in B.Com first year as also considering the decision of the Supreme Court in the matter of Director of School Education v. O. Karuppa Thevan reported in 1994 SCC Suppl.(2) 666, I find it appropriate to dispose of this writ petition directing the petitioner to submit a representation before the Committee constituted under the Transfer Policy dated 12.8.2022, within 12 days from today, raising all grounds as raised in this petition. If such a representation is submitted by the petitioner, the concerned Committee shall consider and decide the same in accordance with law within an outer limit of three weeks from the date of receipt of such representation.

For a period of six weeks or till decision of representation whichever is earlier, no coercive steps shall be taken against the petitioner.

With the aforesaid observation / direction, the writ petition finally stands disposed of. No cost(s).

Certified copy as per rules.