^ ,0 '\fr' 'v.V ^? HIGH COXJRT OF CHHATnSGARH, BILASPUR W»itPetttioa (St No. 7322 of2007 PETITIONBR RESPONDBNTS 2 3. Devendra Kumar Yadu, s/o Shri K.K. Yadu, Aged about 59 years, Accountaat, Block Developiaent Education OfEce, Kawardha, Distt Kabmlhain (C.G.). Versus State of Chhattisgarh, Through Special Secretaiy, Education Departaient, Mantralaya, D.K.S. Bliawan, Raipur (C.G.), The District Education Officer, Kawanlha, Distt. Kabinlhani (C.G). The Block Developinent Education Officer, Kawardha, Distt. Kabiidham (C.Gj. WRIT PETITION UNDBR ARTICLB 226 OF THB CONSTmmcm OF INDIA Appearance: Shri Deepak Jain, counsel for the petitioner. ShriA.S. Kachhawaha, Govt. Advocate appears for fhe State/respondents on advance copy. OKALOWDEK. (10.12.2007) SUMl, KUMAR SINHA, J *• Heard on adiiiission. The petitioner, who is workrng on fhe post of Accoiiatant iu Block Developiuent OfBce, Kawardba, has been trausferred to Dongriya, Distt. Bilaspzu-, on administrative groiuids by order dated 21.9.2007/05.10.2007 (Aimexure P-3). Leamed counscl for the petitioner aiyaes that fhe date of birfh of fhe petitioner 1s 21.10.1948, therefore, fhe petitioner wffl have to Betire oa 31.10.2008. He subxnits that in this inanner, tfie petitioner is to retire just after 11 inonths fioni tbe date of passiag of the irapugned order (Aimexure P-3). He further submits (hat according to Clause-7 of the transfer poUcy dated 13th June 2007, ifa person is to retire withia a period ofone year, lus case shatl be _f^-——- 553A; W.P.(S)No.7322/2007 !;ovemed by the saul Clause of the PoUcy. His subinissioa is that in view of fhe said polky, the order appears to be bad in law. I have gone ttu-oitigh the contents of fhe petition and have .)tt--^ also gone fhrough INto clause 7 of the transfer policy. In the t- opiruon of tlus Court, ends of justice woiild be served if fhc petitioner is directed to fite a representation before the concemed authority aad the concemed authority is dirccted to disposc of the saine within fhe stipulated period granted by fhis court keeping iu miud fhat only about 11 months are leflt for retireiaent of the peUtioner. Accordiagly, fhis petition is disposed of with a directioa fhat the petitioner, if so advised, may file a detailed representation before the concemed aufhority within a period of 3 weeks Irom today along-with a copy of tbis order aad copy of the writ petition raisiug tus grievance and if such a representation is filed, fhe concemed aufhority shaU dispose of fhe same as early as possible preferabty wifhin a period of two inonfhs finm fhe date of production/receipt offhe said represeiitation keepiag in mind the provisions of Clause 7 of the said Polfcy. It is ftufher du-ected that iu the meaawhile, the effect and operation ofttie impugned order dt.21.9.2007 shaU reinaia stayed and fhe petitioner shall be aUowed to contiuue there at Block Education Office, Kawardha. This petitiou staads finally disposed off with fhe aforesaid observations. - "———~ C.c.aspermles. Sunil Kumar Sinha Judge