s -t r e^ i IN THE HIGH COURT OF JUDICATURE AT BILASPUR WRIT APPEAL N0. ^CO /2009 APPELLANT (Petitioner) <?.^' ^xf^ ^..•••'&^ ^sy' ' :^ ^. ^y' ...^^ /^"' ^•w . " ^' ^ RESPONbENTS ^^ Vs / ^ K.K. Behar, S/o Late Shri R.K. Behar, aged 59 years, Occupation- Service, Presently Posted as Chief Executive Officer, Janpad Panchayat- Gharghoda, District- Raigarh (C.G.) R/o Block Colony, Gharghoda, District- Raigarh (C.G.) 1. State of Chhattisgarh, through the Secretary, Schedule Tribes And Schedule Caste Oevelopment Department, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) ^ 2. Collector (Tribal bevelopment Branch), Raigarh (CG) 3. R.H.S. Paikara, S/o and age is Not Known to the Appellant, Occupation- Service, Presently Posted os Chief Executive Officer, Janapad Panchayat- Wadrfnagar, District- Sarguja (C.&.) ^ WRIT APPEAL UNDER SECTION 2 (1) OF THE CHHATTISGARH HIGH COURT rAPPEAL TO DIVISION BENCH) ACT. 2007 ^1___... ^— A^ HI^H COURT OF CHHATTIS6ARH AT BILASPUR bIVISION BENCH: HON'BLE SHRI I.M.QUDDUSI & HON'BLE SHRI PftASHANT KUMAR MISHRA. JJ. Appellant/ Petitioner Respondents WRIT APPEAL N0.350 OF 2009 K.K. Behar Vs State of C.6. & others Present: Mr, Malay Shrivastava, Advocate for the appellant. Mr, Vinay Harit, Dy. Advocate ©eneralwith Mr. Ajit Singh, Panel Lawyer for the respondent-State, OR^L JUD^MENT (Possed on 8th April, 2010) I.M. Quddusi. J; 1. Heard. 2. This writ appealhas been filed against the jmpugned order dated 20.11.2009 passed by the learned Single Judge in W.P. (S) No.6819/09. 3.1n the writ petition, the petjtioner/wrjt appellant has impugned the order dated 7.11.2009 whereby he was transferred to the office of Commissioner, Tribal Welfare Department, Raipur from the post of Chief Executive Officer, Janpad Panchayat ^harghoda inter alia on the grounds that he is going to retire on 30.6.2010 on attaining the age of superannuation and as per policy of the State fiovernment, a person, who is to retire within a period of two years, may be given posting in his home district and on this groundalone he was earlier transferred from Lohandigyda, District Bastar to the present place of posting which falls wjthin his home district. 4. Learned Single Judge dismissed the writ petition, however, in this writ appeat interjm orderwas passed in favour of the writ appellant to the effect that "learneid Aclditional Advocate n9- ^eneral on the basisof instructions received from resp.ondentfi No.l and 2, submits that the respondents have no pbjectipn if the appellant is allowed to contjnue at his present place; of posting". However, yide order dated 29.3.2010 this Court had directed that the writ appellant shall be allowed to continue at hispresent place of posting j.e. Chief Executive Officer, Janpad Panchayat ^harghoda. 5. It is not in dispute that there is a ^overnment policy that the employees, who are to retire wjthin two years, as far as possible be posted wjthin their hotne district. The writ appellant was transferred to his home distrjct only on 30.6.2009 and it is also not in dispute that thes writ appellant is continuing at his present place of posting i,e. Chjef Executive Officer, Janpad Panchayat ^harghoda and he is going to retire only within a span of less than three months i.e, on 30.6.2010. Therefore, in all fitness of things, we are of the opinion that there is no harm if the writ appeljant is allowed to continue at his present place of posting for such a short period and be allowed to retire from that place. 6. In view of the above mentioned facts and cjrcumstances, we set aside the impugned order dated 20.11.2009 passed by the learned Single Judge ond direct that the impugned order of transfer in respect of respondent No.3 shall be given effect to after 30.6.2010and till that date the writ appeJlant shall be allowed to continue at his present place of postjng i.e. Chief Executive Officer, Janpad Panchayat ^harghoda 7. The writ appeal is allowed to the above extent. No order as to costs. Certified copy today. Sd/- I.M. Quddusi Judge Sd/- Prashant Kumar Mishra Judge Roshan