Chattisgarh High Court
Ajay Kumar Pillai vs State Of Chhattisgarh on 15 November, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 7461 of 2022
• Ajay Kumar Pillai S/o V. A. Pillai Aged About 56 Years Working As Assistant
Professor R/o 58/12, Nehru Nagar East Bhilai, District : Durg, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Ministry Of Higher Education
Department, Nawa Raipur Atal Nagar Raipur, District : Raipur, Chhattisgarh
2. Additional Secretary Ministry Of Higher Education Department, Nawa Raipur, Atal
Nagar, Raipur, Chhattisgarh
3. The Principal Govermnent VYT, P G Science College, Durg, District : Durg,
Chhattisgarh
4. The Government Naveen College Katekalyan, Dantewada, District : Dantewada,
Chhattisgarh
---- Respondents
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For Petitioner : Shri Himanshu Pandy, Advocate For Respondents ; Shri Akash Pandey, PL
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Hon'ble Shri Justice Parth Prateem Sahu Order on Board 15.11.2022
1. Challenge in this petition is to the impugned order dated 30.09.2022 whereby petitioner, who is working as Assistant Professor (Chemistry) at Government VYT Post Graduate Science College, Durg is transferred to Government Naveen Post Graduate College, Katekalyan, Dantewada, district-Dantewada on administrative grounds.
2. Learned counsel for the petitioner would submit that petitioner is aged about 56 years. Earlier, he met with an accident, and due to injury suffered by him in accident, he is suffering from left paralysis and other neuro problems. He also contended that petitioner is not able to walk properly or drive any vehicle, which is also mentioned in the medical document placed on record. Referring to Clause-1.5 of Circular dated 03.06.2015, he submits that State Government specifically mentioned that persons who have attained the age of more than 55 years are not to be transferred to difficult/core schedule area as far as possible. Transferred place Wps 7461 of 2022 2 of posting of petitioner is core schedule area. Hence petitioner has already submitted representation before the Committee constituted under Transfer Policy on 13.10.2022, but till date, his representation has not been decided.
3. Learned counsel for the State opposing submissions of learned counsel for the petitioner, would submit that petitioner is a Government servant, holding transferable post, hence, has no vested right to remain posted at one place and is liable to be transferred from one place to other. Impugned order of transfer is issued by competent authority, hence, it does not call for any interference. However, if petitioner is aggrieved in any manner with her transfer, he can very well file representation before the Committee constituted by the State Government under Transfer Policy to consider grievance of employees against their transfer.
4. Heard learned counsel for the parties.
5. Taking into consideration suffering of petitioner with left paralysis along with other neuro problems, as submitted by learned counsel for the petitioner based on document (Annexure P2), as also that petitioner is more than about 56 years of age, he has been transferred to core schedule area, Clause-1.5 of Circular dated 03.06.2015, I find it appropriate to dispose of this writ petition at this stage directing petitioner to make detailed representation afresh before the Committee constituted under Transfer Policy.
6. Accordingly, this writ petition stands disposed of directing petitioner to submit fresh representation before the Committee constituted under the Transfer Policy within a period of twelve days from today, raising all grounds as raised in petition. If such representation is submitted by the petitioner, the Committee shall consider and decide the same in an accordance with law within an outer limit of three weeks from the date of receipt of representation.
Wps 7461 of 2022 3
7. For a period of six weeks, or till decision of representation, whichever is earlier, no coercive steps be taken against petitioner pursuant to impugned order of transfer, so far as it relates to petitioner.
8. Accordingly, writ petition stands disposed of.
9. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) JUDGE padma