LAKHAN LAL SAHU Vs. STATE OF C G
LAWS(CHH)-2003-8-11
HIGH COURT OF CHHATTISGARH
Decided on August 13,2003

Lakhan Lal Sahu Appellant
VERSUS
State Of C G Respondents


Referred Judgements :-

RAJENDRAROY VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. S L ABBAS [REFERRED TO]
N K SINGH VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

L.C.BHADOO,J. - (1.)THE petitioner by filing this writ petition under Article 226/227 of te Constitution of India has challenged the order dated 27-6-2002 Annexure P/1 y which he has been transferred from the post of Secretary, Krishi Upaj Mandi Samiti (for short 'Samiti') Durg and has been attached with the Head Quarter of the Mandi Board at Raipur.
(2.)THE petitioner's petition is that he worked as Secretary of the Samiti at Rajnandgaon for about a year i.e. from February 2002 to February 2003, he was transferred to Kawardha where he remained for five days and again he was transferred and posted at Durg. As the petitioner will be retiring in the month of November, 2004 i.e. within less than two years he made a representation on 20th January, 2003 Annexure P/2 requesting that as per the Govt.policy he should be posted in his home district or nearby district in order to settle his family and also to make arrangements for the marriage of children.
During the short tenure of the petitioner as Secretary of the Samiti Durg the petitioner has done excellent work and he nearly wiped out the middlemen from the transaction. The farmers of the areas are happy and therefore working of the Samiti is going on smoothly. The Chairperson of the Samiti wants to have her own say in the matter and is encouraging the middlemen, which is known to all the members of Samiti. Recently during his tenure the income of the Samiti has been increased. But the President is [bent upon harassing the Secretary as she had done with the earlier Secretaries posted in the Samiti at Durg. 10 Samiti secretaries have been changed during the period of 3 years. The Vice President and other members of the Samiti have Submitted a representation before the State Govt. Annexure P/4.

(3.)THE General Administration Department of the erstwhile State of Madhya Pradesh had issued a transfer policy Annexure P/5 in which the instructions were issued that an employee who is going to be retired within two years on attaining the age of superannuation, normally should not be transferred. If transfer is inevitable then he should be transferred to his home district or nearby place. The petitioner's home district is Durg where he is presently posted and his hometown is Balod, which falls in district Durg. Therefore the petitioner ought not to have been transferred by the impugned order, which is contrary to the Govt. Policy and guidelines. Within a period of 21/2 years the petitioner has been transferred thrice. It is therefore prayed that the Court may call for the entire record relating to transfer of the petitioner and to quash the impugned order dt. 27-6-2003 Annexure P/1.


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