Disposed

Ashok Kumar Bhardwaj v. State of Chhattisgarh

Chhattisgarh HC5 Dec 2022WPS/8492/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh heard a writ petition challenging the petitioner's transfer. The court granted liberty to the petitioner to submit a representation highlighting grievances, including age and dependency on parents, directing authorities to decide within stipulated time. Petition disposed. after granting liberty.

What did the court decide?

Liberty granted to make representation on transfer grievances; directions to authorities to decide within eight weeks.

Ashok Kumar Bhardwaj Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2022)

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Page 1 of 2

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 8492 of 2022

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Ashok Kumar Bhardwaj S/o Suraj Kumar Bhardwaj Aged About 45 Years Working As Patwari And Posted At Patwari Halka No. 39, Talapara, Tahsil And District- Bilaspur, Chhattisgarh ---- Petitioner

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Versus

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State of Chhattisgarh Through Secretary, Revenue Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya DistrictRaipur, Chhattisgarh

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The Collector Bilaspur, District : Bilaspur, Chhattisgarh

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Sub Divisional Ofcer (Revenue), Bilaspur, District : Bilaspur, Chhattisgarh

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4. Tahsildar Tahsil Bilaspur, District : Bilaspur, CG. ---- Respondent s

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For Petitioner : Mr. Ravi Maheshwari,, Advocate. For Respondents/State : Mr. R.M. Solapurkar, A.G.

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board 5-12-2022

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1 ) Learned Counsel for the petitioner would submit that the petitioner has been transferred from present place of posting at Patwari Halka No.39, Talapara, Tahsil and District Bilaspur to Tahsil Bilha, District Bilaspur vide impugned order dated 21-11-2022 passed by the respondent.

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2 ) He would further submit that the petitioner is being malafde transferred continuously within short period whereas the petitioner has also liability to take care of his old parents aged about 79 years who totally depended upon him and he will face difficulties from coming Bilha to Bilaspur. Lastly he would submit that this petitioner may be given liberty to make a representation before the respondent authorities who in turn shall consider and decide the same within a stipulated period.

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3 ) It is well settled principle of law that the personal difficulties and personal disablement should be considered by the government

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Page 2 of 2

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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:-

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“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”

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1. In view of the above stated position, petitioner is directed to make a representation raising all his grievances before respondent authorities within four weeks from today and on such representation being filed, the respondents authorities shall consider and decide the same within eight weeks from the date of receipt of the representation, as per law laid down by the Hon'ble Supreme Court in the matter SK Naushad Rahaman & Others (Supra).

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5 ) With the aforesaid observations & directions, this petition is disposed of.

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Sd/-

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(Narendra Kumar Vyas ) Judge

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Raju

Ashok Kumar Bhardwaj v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ashok Kumar Bhardwaj v. State of Chhattisgarh

Case brief

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What did the court decide?

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