Chattisgarh High Court
Arvind Kumar Rathia vs State Of Chhattisgarh on 22 November, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 7602 of 2022
• Arvind Kumar Rathia S/o. Shri R. R. Rathia, Aged About 50 Years Working As Sub
Engineer, Public Works Department (National Highway) At Division - Sukma, District
: Sukuma, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Public Works Department, Mahanadi
Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh
2. Executive Engineer. Public Works Department (National Highway), Sukma,
Disvision Sukma., District : Sukuma, Chhattisgarh
---- Respondents
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For Petitioner : Shri Somkant Verma, Advocate For Respondents ; Ms Sunita Jain, Dy GA
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Hon'ble Shri Justice Parth Prateem Sahu Order on Board 22.11.2022
1. Grievance raised by petitioner in this writ petition is that petitioner after his transfer from the Office of Executive Engineer, Public Works Department (PWD) National Highway, Division-Sukma to the Office of Executive Engineer, PWD, Division-Champa, has not been relieved even after lapse of 1 ½ months.
2. Shri Somkant Verma, learned counsel for the petitioner would submit that petitioner is working on the post of Sub-Engineer and posted in Office of Executive Engineer, PWD, Sukma since 2015. Pursuant to impugned order of transfer petitioner and one other Sub-Engineer posted at Sukma were transferred to Champa division. In place of petitioner and other one, two Sub-Engineers from Champa were transferred to Sukma, whose names are also placed at Sl.No.50 and 51 (Shri Thakureshwar Prasad Mahato and Shri Narendra Sharma) in the same order of transfer. Petitioner made representation before authorities ie respondent-2 as also reminder representation on 30.09.2022 and 19.10.2022 but till date, petitioner has not been relieved. Identical issue was considered by this Court in Wps 7602 of 2022 2 case of Ms Manisha Agrawal Vs State of Chhattisgarh and others, reported in 2015(4) CGLJ 182 and direction was issued to respondent authorities therein to relieve petitioner forthwith pursuant to order of transfer. Relying upon order in aforementioned case, orders have been passed in other cases also at different point of time, which is also placed as annexures, and there was direction to relieve petitioner forthwith and therefore, this case be allowed directing respondent-2 to relieve petitioner at the earliest. Till date order of transfer of petitioner has not been modified by competent authority.
3. Learned counsel for the State on instructions submits that at present petitioner's place of posting is in the Office of Executive Engineer PWD National Highway, Division-Sukma, where there are only two Sub-Engineers are posted. Other Sub-Engineer by name Narendra Kumar Kosle, who is suffering from paralysis has been relieved pursuant to order of transfer, and as on date, only one Sub-Engineer ie petitioner who is looking after entire work of Bridge and Road under the National Highway, Division-Sukma. Other two Sub-Engineers who have been transferred from Champa division were relieved from Office of Champa but not joined at Sukma, therefore, petitioner has not been relieved. Based on representations submitted by petitioner, respondent-2 has sought instructions and advise from Higher authorities, ie Superintendent Engineer by letter dated 04.11.2022. She submits that petitioner will be relieved pursuant to order/advise given by Superior Officer or, immediately after joining of two Sub-Engineers from Sukma Division. Submission of learned counsel for the petitioner that order of transfer of petitioner is not modified is not disputed.
4. Heard learned counsel for the parties.
5. Taking into consideration submission made by learned counsel for the petitioner that petitioner is continuously posted in difficult scheduled area/core Wps 7602 of 2022 3 schedule area since 2015, as also considering Clause-1.3 of Transfer Policy and Circular dated 03.06.2015, petitioner has already transferred to non-scheduled area, decision of this Court in case of Ms Manisha Agrawal Vs State of Chhattisgarh and others, reported in 2015(4) CGLJ 182, in which respondents therein were directed to relieve petitioner forthwith pursuant to order of transfer, also considering orders in WPS-3475 of 2022 and WPS-2630 of 2022 by this Court, I find it appropriate to dispose of this petition at this stage directing respondent authorities to relieve petitioner at the earliest, preferably within a period of two weeks from the date of receipt of copy of order passed by this Court, unless the State has modified, varied or cancelled order of transfer with respect to petitioner.
6. Accordingly, writ petition stands disposed of.
7. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) JUDGE padma