Pramod Singh vs State Of Chhattisgarh And Ors

P. Sam Koshy, J

Challenge in the present writ petition is to the order dated 13.9.2019 (Annexure P-1) whereby the petitioner has been transferred from Janpand

Panchayat, Balrampur to Janpad Panchayat, Shankargarh.

Contention of the counsel for the petitioner is that the petitioner is being sent to Shankargarh from where the In-charge Chief Executive Officer,

namely, Shri Samudra Sai was transferred to Balrampur. However, the said Samudra Sai has filed a writ petition, i.e., WPS No. 7065/2019, on the

ground that he has got only around 8 months' service left and in between he may not be disturbed, and this Court vide its order dated 9.9.2019 has

granted him an interim protection from being transferred from Shankargarh looking to his short tenure of service and meanwhile the State was

directed to consider and decide his representation. Counsel for the petitioner therefore submits that pursuant to the said interim protection granted to

Shri Samudra Sai, the In-charge Chief Executive Officer at Shankargarh, the present petitioner who is now stand transferred to Shankargarh would

find it difficult to give his joining there.

Given the said facts and circumstances of the case, it would be more appropriate if the petitioner also may make a representation to respondent

no.1 highlighting this aspect and the respondent no.1 in turn shall consider and decide the representation of the petitioner as well as that of Shri

Samudra Sai, the petitioner in WPS No. 7065/2019, and pass an order afresh taking into consideration the administrative exigency and the transfer

policy.

Till then, let status quo as it exists today be maintained so far as the posting of the petitioner is concerned.

With the aforesaid, the writ petition stands disposed of.