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[Cites 2, Cited by 0]

Chattisgarh High Court

Dushyant Nirmalkar vs State Of Chhattisgarh on 5 October, 2023

           Neutral Citation
           2023:CGHC:24466

                                       1




                                                                         NAFR

                 HIGH COURT OF CHHATTISGARH, BILASPUR

                          Writ Petition (S) No. 7555 of 2023

        Dushyant Nirmalkar S/o Shri Ramadhar Nirmalkar Aged about 45
        Years, presently working as Data Entry Operator, Teaching and
        Guidance Center, Jagdalpur, District Bastar, Permanent R/o New
        Shiv Chowk, Mayurkala, Pandri Raipur, Chhattisgarh.

                                                                 ---- Petitioner

                                    Versus

  1. State of Chhattisgarh, Through Secretary, Department of Skill
     Development, Technical Education and Employment Department,
     Mantralaya, Mahanandi Bhawan, Atal Nagar, Nava Raipur, District
     Raipur (C.G.).

  2. Joint Secretary, Department of Skill Development, Technical
     Education and Employment Department, Mantralaya, Mahanadi
     Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.).

  3. Director, Directorate of Employment and Training, Indrawati Bhawan,
     Block-4, First Floor, Nava Raipur Atal Nagar, Chhattisarh.

  4. Employment Officer (In charge) Teaching and Guidance Center,
     Employment Office, Adawal, Jagdalpur, District Bastar (C.G.)

                                                               ---- Respondents

For Petitioner : Mr. Anmol Sharma, Advocate For State-respondent : Ms. Sunita Jain, Govt. Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 05/10/2023 Heard.

1. Learned counsel appearing for the petitioner submits that the petitioner was appointed as a 'Data Entry Operator' by the Neutral Citation 2023:CGHC:24466 2 respondent authorities on 01.08.2008 (Annexure-P/1) and his first place of posting was at District Employment and Self- employment Guidance Centre, Mahasamund. Petitioner later on was transferred to Teaching and Guidance Centre, Jagdalpur, District Bastar from Mahasamund vide transfer order dated 16.08.2019 (Annexure-P/2). Pursuant to transfer order, petitioner duly gave joining at Jagdalpur and the petitioner is working there for almost five years till today. Looking to the situation in the family, the petitioner on his own request sought transfer from Jagdalpur to any other nearby place Raipur to that he can look after his family. The respondent authorities considering the request of the petitioner issued transfer order dated 30.09.2022 (Annexure-P/4) whereby the petitioner was transferred from Jagdalpur, District Bastar to Dhamtari on his own expenses. Despite the fact that the order is still alive till date petitioner has not been relieved.

2. Counsel for the petitioner relying the judgment passed by this Court in Writ Petition (S) No.1532 of 2017 (Bharat Kumar Banjare Vs. State of Chhattisgarh & Others) and Writ Petition (S) No.5914 of 2014 (Manisha Agrawal Vs. State of Chhattisgarh & Others), it is prayed by him that respondent authorities are directed to consider and decide the matter of the petitioner in the light of above mentioned judgment within any stipulated time fixed by this Court.

Neutral Citation 2023:CGHC:24466 3

3. Learned counsel for the respondent/State not opposes the above limited prayer made by learned counsel for the petitioner.

4. I have heard counsel for the parties and perused record.

5. Considering the above submission made by counsel for the petitioner this writ petition is disposed of by directing respondents No.2, 3 and 4 to consider and decide the matter of the petitioner expeditiously preferably within 'two weeks' from today in accordance with rule, law and considering the judgment passed by this Hon'ble Court in Writ Petition (S) No.1532 of 2017 (Bharat Kumar Banjare Vs. State of Chhattisgarh & Others) and Writ Petition (S) No.5914 of 2014 (Manisha Agrawal Vs. State of Chhattisgarh & Others).

6. With the aforesaid direction, the present writ petition stands disposed of.

C.C. as per rules Sd/-

(Arvind Singh Chandel) Judge Vasant