LEKHRAM DESHMUKH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on admission as also I.A.No. 2022, which is an application for grant of interim relief.

(2.) Challenge in this writ petition is to the impugned transfer order dtd. 28/6/2022 (Annexure P/1) issued under Secretary, Commercial Tax (Excise), State of Chhattisgarh whereby the petitioner has been transferred from office of District Excise Officer, District Mahasamund to Office of District Excise Officer, District Baloda Bazar-Bhatapara.

(3.) Learned counsel for the petitioner would submit that the petitioner has been appointed in the present place of posting as as Constable at office of District Excise Officer, District Bemetara, CG more than 3 years and he has been transferred vide order dtd. 28/6/2022 issued by the State Government (Annexure P/1). He would further submit that as per Clause 2.13 of the transfer policy of the Government, only maximum 10% employees can be transferred whereas in the present case out of 384 employees 26 persons have been promoted vide order dtd. 28/7/2021, 10/8/2021 and 31/12/2021 and at present 250 persons are working as Constables. He would further submit that 229 persons have been transferred , therefore, it amounts to 88% of the entire strength, therefore, it is a violation of the transfer policy framed by the Government. Lastly, he would submit that the Finance Department, Government of Chhattisgarh has issued circular dated 27-5- 2020 (Annexure P/3) wherein the Government has directed to maintain financial discipline and observed that unless it is very much required, then only the transfer can be made. The policy further provides that the transfer on the basis of own expenditure should be given preference. He would further submit that co-ordinate Bench of this court while considering the application for grant of interim relief, vide its order dated 28-6- 2022 passed in WPS No. 4480 of 2022 ( Rajendra Dave Vs. State of Chhattisgarh and others) has observed that in case any employee has grievance he may come in individual petition which shall be considered by this court. He would further submit that since the Co-ordinate Bench of this court has observed that it has to be considered, therefore, this court can also consider for grant of interim relief.