Chattisgarh High Court
Kamal Kumar Meshram vs State Of Chhattisgarh on 12 August, 2022
Page 1 of 2
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 5364 of 2022
Kamal Kumar Meshram S/o Late Shri P.R. Meshram Aged About 54
Years R/o- Motipur, Rajnandgaon, P.S.- Chikhli, Tahsil And District-
Rajnandgaon, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Its Convener And Secretary, Committee
Of Senior Secretary (Transfer Matter), General Administration
Department, Mahanadi Bhawan, Mantralaya, Police Station And Post-
Rakhi, Atal Nagar, New Raipur, District- Raipur, Chhattisgarh
2. State Of Chhattisgarh Through Its Upper Secretary, Department Of
Excise (Commercial Tax), Mahanadi Bhawan, Mantralaya, Police
Station And Post- Rakhi, Atal Nagar, New Raipur, District- Raipur,
Chhattisgarh
3. Assistant Commissioner Office Of Assistant Commissioner, Department
Of Excise, Rajnandgaon, District- Rajnandgaon, Chhattisgarh
---- Respondents
For Petitioner : Mr. Abhishekh Pandey, Advocate.
For State. : Mr. Suyashdhar Badgaiya, P. L.
Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board
12/08/2022
1) Learned Counsel for the petitioner would submit that petitioner is a
Constable in Department of Excise under the office of respondent
No. 3/Assistant Commissioner, Rajnandgaon (C.G.) and now he
has been transferred to District- Kabirdham (C.G.).
2) He would further submit that the petitioner is having a personal
difficulty to join the current place of posting as he has one son
whose mental state is not well and has an old aged mother whose
age is approximately 76 years. He would further submit that the
petitioner's wife has died on 09.01.2022 therefore it will be very
difficult for him to join the new transferred place of posting.
3) It is well settled principle of law that the personal difficulties and
personal disablement should be considered by the government
while considering the transfer of its employee. Hon'ble Supreme
Court in the matter of SK Naushad Rahaman & Other Vs. Union of
India & Other [Civil Appeal No. 1243/2022 decided on 10/03/2022]
has observed in para 53, which reproduced as below:-
"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 we uphold the
judgment of the Division Bench of the Kerala High
Court, we leave it open to the respondents to revisit the
policy to accommodate posting of spouses, the needs of
the disabled and compassionate grounds. Such an
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. The appeals
shall be disposed of in the above terms"
4) In view of the above stated position and considering the facts and
circumstances of the case that the petitioner's personal difficulty, a
liberty is to the petitioner to make representation before the
concerned authorities within four weeks from the date of receipt of
copy of this order and in turn the respondents authorities shall
consider the case of the petitioner as per law laid down by the
Hon'ble Supreme Court in the matter SK Naushad Rahaman &
Others (Supra) within six weeks from the date, the representation
will be filed.
5) With the aforesaid observations & directions, this petition is
disposed of.
Sd/-
(Narendra Kumar Vyas)
Judge
amita
