Dismissed

Narendra Kumar Nishad v. State of Chhattisgarh

Chhattisgarh HC1 Sept 2024WPS/5218/2024

Case brief

AI extract

What is this about?

A contractual Data Entry Operator challenged a transfer/repatriation order dated 23.08.2024 moving him from Janpad Panchayat Dongargarh to Chhuikhadan, claiming he was a Dongargarh employee and the order reflected political influence. The court found he was originally appointed at Chhuikhadan on contract and the order merely repatriated him to his original posting, so it dismissed the writ petitio

What the court decided

AI extract

Narendra Kumar Nishad Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2024)

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2024:CGHC:33638

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5218 of 2024

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1 - Narendra Kumar Nishad S/o Mohan Lal Nishad Aged About 49 Years R/o Ward No. 03, Tikrapara, Dongargarh, District Rajnandgaon, Chhattisgarh, Presently Working As Data Entry Operator (Contractual Basis) At Janpad Panchayat Dongargarh, District Rajnandgaon, Chhattisgarh.

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh.

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2 - Chief Executive Officer, Zila Panchayat Rajnandgaon, Chhattisgarh

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3 - Chief Executive Officer, Janpad Panchayat Dongargarh

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4 - Chief Executive Officer Janpad Panchayat Chhuikhadan

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5 - Director, P.M. Awas Yojna- Gramin Nawa Raipur, Atal Nagar

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... Respondents

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For Petitioner : Mr. Ashutosh Mishra, Advocate For Respondents : Mr. Aman Tamboli, P. L.

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Hon'ble Shri Justice Sachin Singh Rajput

Order On Board

02.09.2024

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The petitioner has filed this writ petition seeking for the following relief(s); “ 10.1 That, It is most humbly prayed from the Hon'ble High Court that the entire records of the case may be called.

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10.2 That, In these circumstances, it is therefore most respectfully prayed that your Lordships may graciously be pleased to Issue a writ of Mandamus or any other appropriate writ, order, or direction quashing the impugned transfer order dated 23/08/2024 the interest of Justice.

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10.3 That, In these circumstances, it is therefore most respectfully prayed that your Lordships may graciously be pleased to issue a writ of Mandamus or any other appropriate writ, order, or direction directing respondent to retain the service of the petitioner in Janpad Panchayat, Dongargarh in the interest of Justice.

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10.4 That, any other relief which court may deem fit in the interest of equity justice and good conscience.”

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Learned counsel for the petitioner submits the petitioner is working as Data Entry Operator on contract basis at Janpad Panchahayat Dongargarh and vide impugned order dated 23.08.2024 (ANNEXURE P/1) he has been transferred/repatriated to his original place of posting at Janpad Panchayat Chhuikhadan. He submits that petitioner is a contract employee and cannot be transferred to a different district. He submits that the office of the Chief Executive Officer, Zila Panchayat Rajnandgaon cannot transfer/repatriate the petitioner to different district. He further submits that the said order has been passed on account of some political influence. Therefore he submits that impugned order Annexure P/1 may be set aside.

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On the other hand, learned State counsel submits that the petitioner is an employee of Janpad Panchayat Chhuikhadan and vide impugned order Annexure P/1 he has been repatriated to his original place of positing. He submits that the petitioner is never been an employee of Janpad Panchahayt Dongargarh. Therefore, no illegality is committed before passing the impugned order.

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

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Records reflect that in the year 2007, the petitioner was appointed as contingency paid employee in Janpad Panchahayt Dongargarh. vide annexure P/5 he was appointed on the contract basis at Janpad Panchayat Chhuikhadan. The impugned order is passed by District Panchayat Rajnandgaon repatriated the services of the petitioner to its original place of posting at Janpad Panchayat Chhuikhadan. The learned counsel for the petitioner could not persuade this Court indicating therein that the petitioner is an employee of Janpad Panchayat Dongargarh rather from the record it appears that he is an employee of Janpad Panchayat Chhuikhadan and vide impugned order his services was repatriated to the original place of posting. Hence, I do not find any merits in this case.

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Accordingly, the petition is dismissed.

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All pending applications, if any, are also disposed of.

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Sd/-

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(Sachin Singh Rajput) Judge

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H.Ansari

Narendra Kumar Nishad v. State of Chhattisgarh

Case brief

What is this about?

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Narendra Kumar Nishad v. State of Chhattisgarh

Case brief

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