<? !o i^ HIGH COURT OF CHHATTISQARH. BILASPXm W.P. (81 Ho. S438 of 2007 PETITIONER RESPONDENTS 2 3 Jwala Prasad Thwart, s/o Lalit Ftam Thwari, aged about 59 yeara & Smonths, presently working as Range Assistant Mansukh, Baikunthpur, Range Baikunttipur, Distt.Koria (C.G). Vwsus State of ChhatUsgarh, Through the Secretary, Forest Department, D.K.S. Bhawan, Raipur<C.G). The Divisionaf Forest OfBcer, Koria, Distt. Koria (C.G) Forest Range Officer, Baikunthpur, Range Baikunttipur, Distt. Korla (C.G) Shri Tilakram Pandey, Fore^er, Mishar depot, Baikunthpur Range, Baikunthpur Distt. Koria (C.G). WRIT PBTITION UNDBR ARTICLB 286 Of THB COHSTITUTION OF INDIA Appearance: Shri P.Diwakar, Sr. Advocate with Shri P.R. PatMikar, coimsel for the petitioncr. Shri Yashwant Singh, Ctovt Advocate, appears Ibr tt»e State/Respondents on advance copy. ORAL ORDBR (24.09.2007) 80MIL KUMAR SINHA, J. Heard finaUy with fh.e coasent ofthtt parties. Lcamed Seiiior Cozmscl appearing for the petitioacr subiaits fhat fhe petitioner who is workiag oa the post of Porcst Guard and is posted as Range Assistaat, MaasiAh, has been traasferred fix>m MansuMi to Khadgawa. Refemng to Aanexiire ^ P-1, he aigued fhat thc date of birth of fhe petitioner is 5.2.1948 according to which thc petitioner is to superanaiiate on 28.2.2008, therefore, about six monfhs were left fix>m fhe date of passiag of fhe impugned order dated 29.8.2007 for the retireinent of fhc petitioaer and according to fbs policy of fhe State Goveroment dated 13th of Jvaxe 2007, the petitioner shoiild not have been transferred fix>iu his present place of posting as above. His submission is that the case of fte ; petitioner shaU. be govemed by Clause 7 ofthe Traasfer PoUcy. W.P. (81 No. 5438 of 2007 I have heard learaed counsel for fhe parttes at tength aad have also gone through the contents of the writ petition as afao teansfer poUcy dated 13th ofJuae 2007. The contents ofClass 7 offhc Polfcy read as under. "7. fSf-T ^ira^tq ^ITOt ^ ^ctiR^Rxt ^f^p? 1 q^ cR- Wf ^iq"^? ^IT ?t, ''3^ ^? f^ ^ 31'WT 1OT^ fNOT ^ ^ ^ TCW f?&qr ^rr ^rr, 7^ ^WW ^f^ ?f^T51 ^ 31^11? ^? si^ra^rr' Having gone through the contents of the writ petition and after hearing the aipunents advauced by learued couasel for fhe petitioncr as well as the State Counsel, I ain of the optolon (hat the ends of justice would be served, if fhe petitioner is directed to file a represcntation before the conceraed authorily and the concemed authority is directed to dispose of the aacas at the earlicst, lookmg to the grievance laised by the petitioaer. Consequenfty, the petition is disposed ofwith a directioa to fhe petitioner ttiat tf so advised, he may file a deteiled representation before fhe concemed authorily withia a period of 3 wecks fiom today alongwith certified copy crf fhis oider and fhe copy ofwrit petitioa and if such a representation is fifcd, it shaU be decided by tfae concemed aufhority wlthaa a flirfliier period of 60 days J&oin ttie date of receipt of sueh representation. It is also directed ffaat ia the mcanwhilc, tbe transfer order shall be kept in abcyance and fhe petiticwaer sfaaU be atlowed to continue at his present place ofposting. With the aforesaid directions, fhe p^tition stainls SnaSy disposcd of. Suni! Kumar Sinha Judge Rao