PANDESHWAR SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present writ petition is to the order Annexure P/1 dated 28.11.2020 whereby the services of the petitioner has been transferred from Bastar, Jagdalpur to the office of Engineer in Chief, PWD, Raipur.

(2.) The challenge in the writ petition is on the ground that the said order has been passed to circumvent the order passed by this court in WPS No.3801 of 2020 dated 24.09.2020 where on an earlier occasion the respondents had transferred the petitioner from the present place of posting to the Chhattisgarh Road Development Corporation. This court entertained the writ petition and had granted an interim protection in the said case. Now vide the impugned order the respondents have modified the earlier order dated 15.09.2020 to the extent of transferring the petitioner within the department from Bastar to Raipur.

(3.) The second contention of the petitioner is that the petitioner has been recently sent to Bastar where he had joined his services on 29.05.2020 and there was no administrative exigency as such for transferring the petitioner in the short span of time. Third ground of the petitioner is that the entire action on the part of the respondents is being done so as to accommodate the respondent No.3 who otherwise is not competent to hold the post of Chief Engineer and he has also been denied promotion on the said post in the past, but he has been sent in place of petitioner making him incharge Chief Engineer.