Hemlal Gaikward vs State Of Chhattisgarh
2022 Latest Caselaw 5094 Chatt

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                                                                      NAFR

            HIGH COURT OF CHHATTISGARH, BILASPUR

                         WPS No. 5297 of 2022

Hemlal Gaikward, S/o Late Shri Amarchand Gaikward, Aged About 61
Years, Occupation Joint Collector- Balrampur, R/o Quarter No. 1575,
Ward No. 52, Divya Colony, Amlidih, Raipur, District- Raipur (C.G.)
                                                          ---- Petitioner
                              Versus
State of Chhattisgarh, Through Secretary, General Administrative
Department Mantralaya Mahanadi Bhawan, Atal Nagar Nawa Raipur,
District- Raipur (C.G.)
                                                ---- Respondent

For Petitioner : Mr. Anshuman Shrivastava, Advocate. For State : Mr. Vaibhav Singh, Panel Lawyer.

Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

08.08.2022

1. Learned counsel for the petitioner would submit that the petitioner has been transferred from Dhamtari to Balrampur- Ramanujganj vide order dated 12.09.2021 (Annexure P/1). In pursuance of the transfer order, he has already joined at Balrampur-Ramanujganj and made representations on 14.09.2021 (Annexure P/3) and 12.03.2022 (Annexure P/4) contending that he is suffering from paralysis and ailment related to eye, therefore, he is taking regular treatment at Raipur hospital and he may be permitted to continue at Dhamtari as he only one year is left for his retirement.

2. Learned counsel for the petitioner would further submit that due to personal difficulties of the petitioner, he has already made representations for amendment in the transfer order, which has not been reached to a logical end.

3. It is well settled principle of law that the personal difficulties of a person can be looked into by the employer. Hon'ble the Supreme

Court in SK Nausad Rahaman & others Vs. Union of India & others1, has held at paragraph 53 as under:-

"53. In considering whether any modification of the policy is necessary, they must bear in mind the need for a proportional relationship between the objects of the policy and the means which are adopted to implement it. The policy above all has to fulfill the test of legitimacy, suitability, necessity and of balancing the values which underlie a decision making process informed by constitutional values. Hence, while upholding the judgment of the Division Bench of the Kerala High Court, they leave it open to the respondents to revisit the policy of accommodate posting of spouses, the needs of the disabled and compassionate grounds. Such exercise has to be left within the domain of the executive, ensuring in the process that constitutional values which underlie Articles 14, 15 and 16 and Article 21 of the Constitution are duly protected.

4. Considering the submission made by learned counsel for the petitioner, the personal difficulties raised by the petitioner in the representation as well as the law laid down by Hon'ble the Supreme Court in SK Nausad Rahaman (Supra), it is directed that the respondent authorities shall decide the representation of the petitioner, which is already pending, within an outer limit of four weeks from the date of receipt of copy of this order, if it has not been decided.

5. With the aforesaid directions, the instant writ petition stands disposed of.

Sd/-

(Narendra Kumar Vyas) Judge

Arun

1 Civil Appeal No. 1243 of 2022 (Decided on 10.03.2022)