Appeal against an order directing the competent authority to consider a representation challenging a transfer. The Court held the single judge's direction stands modified to maintain status quo pending grievance finalization.
Status quo as on date to continue till grievance in representation is considered and finalized by Competent Authority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No.496 of 2019
(Arising out of order dated 09.9.2019 passed by learned Single Judge in WPS- 7041 of 2019)
Roop Singh Paikra S/o Shri Fhagun Singh Paikra Aged About 45 Years R/o P-3, Avantika Colony, Bodhghat, Sundar Lal Sharma Ward, Jagdalpur, District Bastar Chhattisgarh 494001.
---- Appellant
Versus
-----Respondents
For Appellant : Shri Animesh Verma, Advocate. For State : Shri Sudeep Verma, Dy. Government Advocate.
Hon'ble Shri PR Ramachandra Menon, Chief Justice & Hon'ble Shri Justice Parth Prateem Sahu Judgment on Board
Per PR Ramachandra Menon, CJ
06.11.2019
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which is a non-scheduled area. Because of the various constraints and also the credentials, the petitioner expressed his desire to continue in the Scheduled area itself. It was also with reference to the transfer ordered during the middle of the academic year and the adverse impact which was to be caused to the studies of the children, besides such other reasons. The petitioner simultaneously moved this Court by filing the writ petition which was disposed off with liberty to the petitioner to move the authorities by filing a representation, simultaneously directing the Competent Authority to consider the representation and to have it finalized as specified therein. This is sought to be challenged in this appeal stating that the interest of the writ petitioner/appellant is not protected till the finalization of the representation.
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appropriate place, might also be caused to be considered when the matter is finalized, as directed by the learned Single Judge.
Sd/Sd/- (PR Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge
Jamal
2 issues framed by the court
Whether the status quo from date should be continued pending finalization of representation regarding the transfer of a government employee.
Whether the direction given by the learned Single Judge requires modification to protect the interest of the appellant.
Roop Singh Paikra
State of Chhattisgarh Through Its Secretary, Department of Agriculture, Corporation and Farmers Welfare and Bio-Technology
General Administration Department
Deputy Director Horticulture, Jagdalpur
PR Ramachandra Menon
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
