R. S. CHAURASIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ appeal is directed against an order dtd. 29/9/2021 passed by the learned Single Judge in WPS No.5253 of 2021. Challenge in the writ petition was to an order of transfer dtd. 15/09/2021, whereby, the appellant, who was posted as Sub Divisional Officer, Public Works Department, Sub Division-Abhanpur, District Raipur, was tranferred on administrative ground as Assistant Engineer to the office of Chief Engineer, Public Works Department, Naya Raipur.

(2.) Learned Counsel for the appellant submits that the appellant is aged about 62 years and as he is going to retire on 30/06/2022, process for grant of pension and retirement benefits have been initiated (Annexure A-5), by the office of Executive Engineer, PWD Division-3, Naya Raipur. It is pleaded that Clause 1.8 of the transfer policy issued by the General Administration Department, Government of Chhattisgarh provides that the government servants, who have one year for their retirement, would be posted in their home district or in the district as per their choice, if permissible under the General Book Circular. The respondent No.1 overlooking all these aspects, has transferred the appellant vide impugned transfer order dtd. 15/09/2021 (Annexure A-2) from Sub Division, PWD, Abhanpur to the office of the Chief Engineer, PWD, Naya Raipur, as Assistant Engineer, with mala fide intention, only to accommodate respondent No.5, who is an influential person. The respondent No.5, who has been promoted, has also joined in the new place of posting in absence of the appellant. He submits that the learned Single Judge, without taking into consideration the issues raised by the petitioner, had dismissed the writ petition of the appellant solely on the ground of distance between the two places of posting being short. Hence, he prays that the writ appeal be allowed and the reliefs as prayed for, be granted.

(3.) Learned counsel for the State, while opposing the arguments advanced by learned counsel for the appellant, submits that the appellant has been transferred from Sub Division, PWD, Abhanpur to the office of Executive Engineer, PWD, Naya Raipur, which is under the same district and same division of Public Works Department and thus, no district or division is being changed. Distance of those two places of posting is only about 16 to 17 kms. and therefore, no service condition or the transfer policy of the government is violated by the impugned transfer order of the appellant. He further submits that the appellant has remained posted for more than 4 years in the Sub Division, PWD, Abhanpur and respondent No.5 was promoted to the post of Assistant Engineer and then he has been posted as Sub Divisional Officer, PWD, Sub Division, Abhanpur, District Raipur and hence, it is wrong to say that the impugned transfer order has been issued only to accommodate respondent No.5. It is contended that the transfer order was made purely on administrative ground. He further submits that in catena of judgments, the Hon 'ble Apex Court has held that an employee does not have any vested right to be posted at a particular place. Hence, the impugned order passed by the learned Single Judge does not call for any interference in this appeal.