Chattisgarh High Court
Ranjeet Kumar Sardar vs State Of Chhattisgarh on 7 July, 2022
Page 1 of 2
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 4724 of 2022
1. Ranjeet Kumar Sardar S/o Late Shri Dulalchand Sardar, Aged
About 55 Years, R/o Village Nayapara Bande, Post Bande, P.S
Bande, Tahsil Pakhanjur, Distt. Kanker, Chhattisgarh.
---- Petitioner
Versus
1. 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.
2. District Excise Officer (D.E.O.) Office Of District Excise Officer,
Kanker, Distt. Kanker, Chhattisgarh.
---- Respondents
For Petitioner : Mr. Abhishek Pandey, Advocate.
For Respondents/State : Ms. Hamida Siddiqui, Addl. A.G.
Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board
07/07/2022
1) Learned Counsel for the petitioner would submit that petitioner was
posted at Kanker and now he has been transferred vide order
dated 22/06/2022 (Annexure P-1) to Dantewada, which is core
scheduled area.
2) He would further submit that the petitioner's daughter is suffering
from cancer and taking treatment in Cancer Hospital, Raipur (C.G.)
and he will face difficulties from coming Dantewada to Raipur for
her treatment.
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 daughter is suffering
from cancer, I am inclined to give liberty to the petitioner to make
representation before the concerned authorities within four weeks
from the date of receipt of copy of this order and respondents shall
consider the same within six weeks from the date of receipt of
representation. Till the decision taken by the respondents with
regard to transfer of the petitioner, vide order dated 22/06/2022
(Annexure P-1) shall remain stayed and respondents authorities
are directed to also consider the case of the petitioner as per law
laid down by the Hon'ble Supreme Court in the matter of SK
Naushad Rahaman & Others (Supra).
5) With the aforesaid observations & directions, this petition is
disposed of.
-Sd/-
(Narendra Kumar Vyas)
Judge
Chandrakant
