Tte^.^-^T'^l^ '•^, HIGH COURT OF CHHATTISGARH, BILASPUR Writ JPetition (SJ No.^4369Z2007 RBSPONDBNT Abdul KaJam Khan, S/o Lt. Shri A.R. Khan, Aged about 59 years, Range Forest Of&cer, East Sonpur Raage Narayanpur Forest Division, R/o Porest Colony, Soapur Road, Distt. Narayaapur (C.G) Versus 1. State of Cbhattisgarh, fhrough the Secretaiy, Forest Department, D.K.S. BIiawaa, Raipiir, Distt. Raipur(C.G) 2. Prmcipal Chief Conservator of Forest, Porest Department, Raipur 3. The Divisional Porest Officer, Raipur Forest Division, Distt. Narayanpur (C.G) 4. B.R. Suiyavanshi, Raage Forest Ofi&cer, West Sonpur Raage, Narayaapur, Forest Division, Distt. Naiayanpur (C.G) WR1T PETITION UM5BR ARTICLB 226 OP THB CONSTITUTION OF IBDIA Shri Kastuf Shakeel, counsel for the petitioner. Shri Ajit Singh, Govt. Advocate for fhe State/ respondents no. 1 to 3 on advance copy. ORAL ORDER f31,07.2007) SUmLKUMAR SINHA, J, Heard on adinission. Learaed counsel for the petitioner argues that fhe petitioner has been transferred from East Sonpur, Porest Division Narayaapur to West Sonpur, Forest Division Narayanpur. He subinits that tfae Headquarters of toofh tfae ranges are at a distance of 190 Kms., aad for it a pleadmg has been taken vide para 6.3 of fhe petition, wliicli is supported by ttie affidavit offhe petitioner. He refers to Annexure P-3 ia this regard aad ai^ues that the petitioner is at the verge of fl-f -2- ilL?isl_1369/07 retu'ement as his date ofbirth is 01.6.1948 aad be would be retiriag on 31st of May 2008. He further subinits that accordiag to ftie transfer policy dated 13.6.2007, particularly accordtng to Clause VII of fhe said poUcy, a person who is to retire within a period of one year has to be posted ia his honie District or in ffaie distnct of his own choice, if it would be permissible under the General Book Circular. A copy of the said poUcy has been filed as Aiuiexure P-4. Clause 7 of the traasfer poUcy reads as uiider: "7. f^R ?IRT^Fq ^tcRfr -c^ ^ciipl^ ^ ^ 1 ^ ^ ww ?^ ^ Trar ?T, ^ ^ f^ ^ 3WIT 'OT^ f^RCT ?& t^ ^ ^RW f^qT 'W T, ^ •WMW y^W Tlf^ra ^ Sl^RR II? ST^tq^" He prays for interference ofthis Court on these grounds. After hearing learued counsel for fhe petitioner as also leamed State Counsel aad having considered the contents of the petition aad the contents of fhe transfer poUcy, iii the opiaion of this Coiirt, ends of justice would be served if a direction is given to fhe petitioner to file a representation before the concemed authority raising all bis grievaaces especially pertairung to his date of superaoiiuatioii aad on such representation beiag ffled, the concenaed authorily is directed to dispose ofthe same as early as possible. Accordingly, fhis petition is disposed ofwifh. a direction that fhe petitioner, if so advised, may file a detailed reprcsentation ia this regard alongwifh a copy of fhis order, aad copy ofthis petitiou before fhe concemed authorily aad if such a representation is ffled wifhia a period of 15 days from today, fhe same shaU be disposed of withia a period of two months fi-om the said date, by fhe said autbority considerms fhe ginunds particularly the ground of superaonuation of the petitioner. ------ ^^fi^-s-:"';:."'-.' -3- W.y.(S) 4369/07 It is also directed that iu the nieanwlule, the traasfer order shall be kept ia abeyance aad the petitioner shall be aUowed to continue at his present place ofposttag. With fhe aforesaid directions, the petition staads finatly disposed of. Sunil Kumar Sinha Judge