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2025 DAILYLAW 13856 (CHH)

DHAL SINGH BISEN v. STATE OF CHHATTISGARH

WPS/1886/2025 · 2025-03-20

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 3 2025:CGHC:13225 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1886 of 2025 1 Dhal Singh Bisen S/o Shri Nemichand Bisen Aged About 59 Years Presently Posted As Naib Tehsildar, Tehsil Office Durg, District- Durg, Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through- Secretary, Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 Deputy Secretary Department Of Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 Collector, Durg District Durg, Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Petitioners : Shri Chandresh Shrivastava, Advocate For Respondents/ State : Shri Saumitra Kesharwani, P.L. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.03.21 10:35:22 +0530 2 / 3 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 20/03/2025 1. By the present writ petition, the petitioner who is presently posted as Naib Tehsildar at District Durg is questioning the transfer order dated 10.03.2025 ( Annexure P-1) issued by respondent No. 2 by which the petitioner has been transferred from District Durg to District Bijapur which is a core scheduled area. 2. Learned counsel for the petitioner submits that the impugned order dated 10.03.2025 is contrary to the clause 1.5 and 1.6 of the transfer policy dated 03.06.2015, wherein it has been specifically prescribed that employees above the age of 55 years should not be posted at Core Scheduled Area. He further submits that the petitioner is aged about 58 and half years and is at verge of his retirement, thus posting of petitioner at Bijapur which is a core scheduled is illegal and arbitrary. 3. Learned counsel for the respondents/ State on instructions submits that, as far as, the transfer of employees of the State government is concerned, the State government has decided to constitute a committee to consider the grievance of the employees in case of transfer and placed a copy of the order dated 03.03.2025. He further submits that if the petitioner will approach the said committee, the committee will decide the same in accordance with the relevant transfer policy and relevant law. 4. I have heard learned counsel for the parties and perused the 3 / 3 policy dated 03.06.2015. 5. Perusal fo the policy dated 03.06.2015 shows that persons aged above 55 years should not be posted at Core Scheduled Area and in the present case the petitioner is aged about 58 years and is posted at Bijapur which is a core scheduled area. 6. Considering the same, the petitioner is directed to approach the committee within 5 days from the date of receipt of a copy of this order with a representation along with the order of this court and the Committee constituted as per order dated 03.03.2025 is directed to decide the representation of the petitioner in accordance with the policy of the State government specifically clause 1.5 and 1.6 of the policy dated 03.06.2015 within a further period of 25 days and till then the impugned order dated 10.03.2025 (Annexure P-1) shall remain stayed. 7. With the aforesaid observation, the writ petition stands disposed off. Sd/- (BIBHU DATTA GURU) JUDGE Jyoti