Laxmi Prasad Vishwakarma 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 working as regular Driver and posted at Government Ayurved College, Raipur is transferred to the office of District Ayurved Officer, Bastar on administrative ground.

Mr.Suyesh Dhar Dadgaiyan, learned counsel for the petitioner, submits that the petitioner who is holding regular post is transferred to the place where regular post of Driver is not available, but the driver is being posted in the office of District Ayurved Officer, Bastar on Collector rate basis as daily wage employee. He however pointed that in the impugned transfer order under Clause 3, it is mentioned that post of Class­III employees is of Divisional Cadre and if the employees transferred from one division to another, due to change of division their seniority will be fixed in the bottom of the gradation list. The petitioner is holding divisional cadre post and his seniority will also be affected. He contended that when the transfer of the petitioner is on administrative ground by order of the authority, then the petitioner cannot be put to loss by fixing his seniority at the bottom of the seniority list where the petitioner is being posted by way of transfer.

Ms Sunita Jain, learned Government Advocate of the respondents/State, opposes the submission of learned counsel for the petitioner. However, she do not dispute the Clause 3 as mentioned in the impugned order. She further submits that as per her understanding this will come into play only for the employees who are being transferred on their own request.

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

The  impugned  order  would  show  that  the  petitioner  has been shown as Vehicle Driver. He has been transferred on administrative ground. Clause 3 of the impugned transfer order reads as under:­

Perusal of Clause 3 of the impugned order would show that the authorities have not distinguished between the employees who are transferred on administrative ground or the employees who are being transferred on their own request holding Class­III post.

In view of the abovementioned facts as reflecting from the impugned order, submission of learned State Counsel is not acceptable.

At this stage, learned counsel for the petitioner submits that there is no regular post of driver in the office of District Ayurved Officer, Bastar based on the document placed on record as Annexure P­5.

Considering the aforementioned facts and submissions made by learned counsel for the respective parties, I find it appropriate to dispose of this writ petition at this stage instead of keeping this writ petition seeking reply from the respondents/State, directing the petitioner to submit a representation before the Committee constituted under the Transfer Policy dated 12th August, 2022 within a period of 10 days from today. If such a representation is filed by the petitioner, the concerned Committee shall consider and decide the same within a further period of 3 weeks from the date of receipt of representation.

For the period of 5 weeks or till the decision of representation whichever is earlier, the effect and operation of the impugned order dated 30.9.2022 (Annexure P­1), so far as it relates to petitioner, shall remain stayed.

With the aforementioned observation and direction, the writ petition stands disposed of. No cost(s). Certified copy as per rules.