Rajendra Kumar Patre vs State Of Chhattisgarh And Ors

P. Sam Koshy, J

The challenge in the present writ petition is to the order of transfer dated 14/02/2019 whereby the petitioner has been transferred from post of Chief

Municipal Council, Akaltara to the Nagar Panchayat, Saragaon, District Janjgir.

Ground of challenge raised by the petitioner is that firstly the petitioner has been subjected to frequent transfer secondly the petitioner is being sent

to the Nagar Panchayat, Saragaon where the post of CMO Class B is not available rather it is a station where CMO Class-C is to be posted. The

third ground of the petitioner is that respondent No. 3 who is replacing the petitioner does not fulfil the requisite eligibility criteria for being either

promoted on the post of CMO or nor is he eligible to be handed over the charge of CMO.

This Court after perusal of the record finds that the distance between the two place where the petitioner is presently posted to the place where he

has been shifted vide (Annexure P-1) is just about 40 kilometers. The same as such would not cause much disturbance to the petitioner in any

manner. So far as the petitioner being Class-B CMO and he being sent at a station which is otherwise to be held by the CMO Class-C is concerned,

this Court is of the opinion that on administrative exigency at times, such decisions have to be taken but the only protection which the petitioner would

be entitled is that though he has being posted at an station which is otherwise to be held by the Class-C category CMO, the petitioner cannot be denied

all his entitlement attached to the post and which he is otherwise receiving as on date at the present place of posting. The third ground which the

petitioner has raised so far as the person who is replacing the petitioner is not competent or eligible, same may not be a strong ground, as ,by the said

action on the part of the respondents none of the right of the petitioner is adversely affected nor is his service conditions infringed for, this Court to

take cognizance of such matter. As far as the question of frequent transfer is concerned it appears that the petitioner was posted at Tilda prior to

21/08/2017. The petitioner was transferred vide order dated 29/08/2018 from Tilda to Mungeli and the order subsequently stood modified to the extent

that the place of posting was changed from Mungeli to Akaltara vide order dated 11/09/2018 which the petitioner immediately acted upon and joined

and thereafter the impugned order now has been passed. The said transfer orders referred to in the preceding paragraphs would definitely show that

the petitioner has been subjected to frequent transfers, however, this Court is not inclined to entertain the writ petition at this juncture only on the

ground that the distance between the present place of posting and the transferred place of posting given in the impugned order being too short a

distance calling for an interference by the High Court.

In view of the aforesaid facts and circumstances of the case, this Court does not find any strong case made out for interference with the impugned

order. However, it is made clear that respondent authorities should ensure that the petitioner service conditions is not in any manner adversely

affected on his being posted at a place which otherwise has to be held by the CMO of Class-C category.

The writ petition stands disposed off.