Order On Board

18/10/2022

1. Challenge in this petition is to the order dated 30.09.2022, whereby petitioner, who is working as Assistant Professor (Chemistry) and posted at Government Dr. Bhanwar Singh Porte College, Pendra, District – Gorella – Pendra – Marwahi is transferred to Government Vivekanand P.G. College, Manendragarh, District – Korea (C.G.) on administrative ground.

2. Learned counsel for petitioner submits that petitioner is continuously posted in scheduled area. He submits that petitioner has worked for about 22 months in Durgukondal from where the petitioner has been transferred to Pendra, which is also a scheduled area. He submits that by impugned order petitioner has again been transferred to Manendragarh, which is again a scheduled area and if for any reason, the petitioner is considered for his transfer, he should have been transferred in non- scheduled area. In support of his contention, he relied upon the circular dated 03.06.2015 issued by State Government particularly Clause 1.4 of circular. Till date, petitioner is not relieved from his present place of posting. Therefore, the impugned order so far as it relates to petitioner be interdicted.

3. Learned State counsel opposing the submission made by learned counsel for petitioner would submit that grounds raised by petitioner is not a good ground to interfere with the transfer order. Petitioner is holding the transferable post and transfer is made on administrative ground, therefore, he can not claim as a matter of right to be posted at particular place for entire period of service. If petitioner is aggrieved in any manner by impugned transfer order, he can very well submit a representation before the Committee constituted under transfer policy raising all his grievances, who will consider the same in accordance with law.

4. I have heard learned counsel for parties and perused the documents placed on record.

5. Taking into consideration the facts and circumstances of the case and also the submission made by learned counsel for petitioner based on Clause 1.3 of circular dated 03.06.2015 for regulating the services of employee and their posting in the general scheduled area, difficult scheduled area and non-scheduled area, I find it appropriate to dispose of this writ petition at this stage instead of keeping this petition pending and taking reply from the State, directing the petitioner to submit representation before the Committee constituted under transfer policy within a period of 10 days from today and and if such representation is filed, the Committee is directed to consider and decide the same within further period of three weeks from the date of receipt of representation along with copy order passed by this Court.

6. For a period of five weeks or till decision of representation whichever is earlier status-quo as it exists today with respect to place of posting of petitioner shall be maintained by the parties.

7. Accordingly, this petition is disposed off with aforesaid observations and directions.

C.C. as per rules.

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