Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:15638
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2237 of 2025 1 - Kundan Lal Sharma S/o Late Bhuwan Lal Sharma Aged About 57 Years Resident Of Hbg - 4, Street No. 01, Ward No. 47, 5 - Building, P.S. Padnabhpur, Durg, District Durg Chhattisgarh.
Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management Secretariat, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - The Collector District Durg Chhattisgarh.
Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Goutam Khetrapal, Advocate For State : Mr. S.S. Choubey, PL (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 03/04/2025
1. By the present Writ Petition, the Petitioner who is presently posted as Naib Tahsildar, Durg, is questioning the order of transfer dated 10/03/2025 (Annexure-P/1), whereby he has been transferred from District Durg to District Bijapur.
2.
Learned counsel for the petitioner submits that the petitioner is aged RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.04.04 11:33:11 +0530
2 about 57 years and he has been transferred from District Durg to District Beejapur, which is a core scheduled area. Referring to circular dated 03/06/2015, he would submit that in the said circular it has been specifically provided that the employees above the age of 55 years should not be posted in a scheduled core area, therefore, the impugned
order is illegal and contrary to the said circular.
3.
Learned counsel for the State would submit that the State Govt. has taken a decision to constitute a Committee vide order dated 03/03/2025 for redressal of such grievances raised herein by the petitioner and if the petitioner makes a representation, the same shall be considered in accordance with law.
4. I have heard learned counsel for the parties and perused the Circular dated 03/06/2015, wherein it has been specifically provided that the employees above the age of 55 years, should not be transferred to a core scheduled area.
5. Hence, the petitioner is directed to submit a representation before the Committee constituted vide order dated 03/03/2025 within a period of 10 days and in case of filing a representation raising all the grounds/grievance made herein before the Committee, the Committee is
directed to consider the grievance of the petitioner after affording an opportunity of hearing and passed a detailed & speaking order in accordance with the Transfer Policy of the State Govt. within a further period of 30 days from the date of receipt of the representation by the petitioner. Till the decision of the Committee on the representation to be
3 made by the petitioner, the impugned transfer order shall remain inoperative. The petitioner is at liberty to apprize the order of this Court before the Committee.
6. With the aforesaid direction, the Writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE Rahul