Jageshwar Prasad Verma vs Convener And Secretary
2022 Latest Caselaw 4819 Chatt

                                                                                                 NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR
                                      WPS No. 5113 of 2022
    • Jageshwar Prasad Verma S/o Late Shri Chhoturam Verma Aged About 58
      Years R/o Shanti Vihar Colony, Dagania , Raipur , Police Station D.D. Nagar,
      Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
                                                                                       ---- Petitioner
                                               Versus
   1. Convener And Secretary State Of Chhattisgarh, Committee Of Senior
      Secretary (Transfer Matter) , General Administration Department , Mahanadi
      Bhawan, Mantralaya , Police Station And Post Rakhi , Atal Nagar, New Raipur,
      District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
   2. State Of Chhattisgarh Through Its Secretary, Department Of Excise
      (Commercial Tax), Mahanadi Bhawan, Mantralaya , Police Station And Post
      Rakhi, Atal Nagar, New Raipur, District Raipur Chhattisgarh.
   3. Deputy Commissioner O/o Deputy Commissioner, Department Of Excise ,
      Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
                                                                                  ---- Respondents


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For petitioner : Mr. Abhishek Pandey, Advocate.

For Respondent/State : Mrs. Sunita Jain, GA.

Hon'ble Shri Justice Narendra Kumar Vyas.

Order on Board (27-07-2022)

1. The petitioner has preferred the instant writ petition being aggrieved with the order dated 28-6-2022 (Annexue P/1) passed by the respondent No.2 whereby he has been transferred from District Raipur to District Dhamtari.

2. The petitioner has mentioned in 9.5 of the writ petition that he is having some medical problems of his family members, out of whom his daughter namely Ku. Alka Verma, who is 27 years old is going under medical treatment as she is suffering from Seizer Mental disorder disease and continuously taking treatment at Ramkrishna Care Hospital Raipur and his daughter totally depended on him. The submissions made by the petitioner are supported by medical documents. Lastly he would submit that he may be given liberty to make a representation before the

respondents authority and same shall be considered and decided by the respondents authorities within two months.

3. Considering the aforesaid submissions made by learned counsel for the petitioner which are supported by the medical documents, it is directed that the petitioner shall file a representation before concerned respondent authorities within a period of two weeks raising all his personal difficulties and grievances and on such representation being filed, the respondent authorities shall consider and decide the same, in accordance with policy of the Government within a period of two months from the date of receipt of a copy of the representation, keeping in mind the judgment of Hon'ble Supreme Court in Civil Appeal No 1243 of 2022 (S.K. Nausad Rahaman and others vs. Unio of India and others) decided on 10- 3-2022 wherein the Hon'ble Supreme Court has observed in para 53 which is extracted 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 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. With the aforesaid observations and direction, the instant writ petition

(s) stands disposed of. It is directed that till the representation is

decided by the respondent authorities within the stipulated period given in foregoing para, the transfer order shall remain stayed.

5. Consequently, I.A.No.1 of 2022 also stands disposed of.

Sd/-

(Narendra Kumar Vyas) JUDGE

Raju