The High Court of Chhattisgarh allowed a writ petition seeking to set aside a transfer order at the fag end of the petitioner's career, less than a year before his scheduled retirement.
The impugned transfer order was set aside and the petition was allowed.
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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2024:CGHC:37307
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 5899 of 2024
1 - Dinesh Singh S/o Shri Bhagwati Singh, Aged About 61 Years R/o Jugnu Dera, Adarsh Nagar, Durg, District-Durg (C.G.)
... Petitioner
versus
1 - State Of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District-Raipur (C.G.)
2 - Directorate Of Urban Administration And Development, Through- Director, Urban Administration And Development, Indravati Bhawan, Nawa Raipur, Atal Nagar, DistrictRaipur (C.G.)
... Respondents For Petitioner : Dr. Sudeep Agrawal, Advocate For Respondents : Ms. Shailja Shukla, Dy. G.A.
Hon’ble Shri Justice Sachin Singh Rajput
Order on Board
23/09/2024
Learned counsel for the petitioner submits that the petitioner is working
as Assistant Engineer in the Municipal Corporation, Birgaon has been
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transferred to Municipal Council, Mahasamund vide order dated 09.09.2024 (Anneuxure P-1). He submits that the petitioner is going to retire on 30.06.2025 and order to that effect has been also passed by respondent No. 1 dated 04.09.2024 (Annexure P-1) indicating the same. He further submits that the petitioner has only 9 months 21 days to retire and in the event, the petitioner placed at Bhilai would cause some difficulty with regard to processing of claim of retiral dues. He submits that in an identical petition WPS No. 5244 of 2024 (Kavita Chincholkar Vs. State of Chhattisgarh and others) vide order dated 30.08.2024, the writ petition was allowed. He further submits that at the fag end of career of the petitioner, the petitioner may not be disturbed.
Sd/-
(Sachin Singh Rajput)
JUDGE
H.Ansari
1 issue framed by the court
Whether to set aside the transfer order against a petitioner with less than a year of service remaining prior to retirement.
Colour shows how this judgement treated each authority
Kavita Chincholkar Vs. State of Chhattisgarh and othersReferred¶15
WPS No. 5244 of 2024 (Kavita Chincholkar Vs. State of Chhattisgarh and others) vide order dated 30.08.2024
Dinesh Singh
State Of Chhattisgarh
Sachin Singh Rajput
H. Ansari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
