@-^ w ) IN THE HIGH COURT OF JUDICATURE AT BILASPUR CfflIAnGLSGAJBH WRIT PETITIQNNO.^ /2006 ^ D.K. Raghuvanslii, S/o- Lat®K.L. Ragiiuvansfai, Aged about 56 years, Presently working as Sub-Divisional Engineer(Riiral), Office ofGeneral Manager Telecom District-Durg, Distt. Durg, Chhattisgarh. PETITIONER VERSUS <' /' 1. Bharat Sanchar Nigain Limited (BSNL), Througfa- Chairman-cum-Managing Director, Corporate OfBce - Persoimel-II Section, 102-b, Statesman House, 148, Barakhamba Road, NewDelhi-1. 2. Chief General Manger, Bharat Sanchar Nigam Ltd. (BSNL), Chliattisgarh Telecom Circle, Khamardih, Raipur, Chhattisgarh. 3. General Manger Telecom District, Durg, Distt. Durg, Cfahattisgarh. RESPONDENTS WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATEWRIT IN THE NATURE QF MANDAMUS. CERTIORARI ETC. ~ XI-HC-78 3ii^rqirR-fi'* craT3I7^?Tst)H tTT^ClT a»HI<?l T^ ^WM^, wS\W16, (qcfl+iy ^ .f. (glfe, ^ \ < *•*•»*«••»'•*•»»**»*»»*• W^ 200 ^ Sii^ifi w»(t^yf's^) SRnwBfersn^r queslioned -cuta Clrcle. 21.6-2006 Mr. Paakaj Shrivastava,| Mr. R.M. Solapiirlsar, Heard both tfae coimsel.1 By this writ petition un( India, the petitioner has passed by tfae Cbairman-< No.l,whcrcby thc pcdtioncr Cirote to Jammu & Kasttmir The case ofthe petition^r the petitioner has been poste4 Officer (Rural) in the OfiBo^ Tclccoin Distdct, Durg and service tenure ia thc Chhatti^g order dated 14-3-2006 (An|ui ttaasferred &om CUhattisgai|fa whereas lai^e number of Groujp stay are woriang ia tfac why the petitioncr has been OflBcers' Transfer and Postmgl to stay for 24 years in fhe has attained the age of aiore Transfcr & Posting Policy, -fh^ posting ofthe petitioaer to is a heart patient aad he ha4 1994 aiid since then the dav. He took treatment 6x>ai A couascl for the petitioner. cc|unscl for thc respondcnts. gii<<Tci<fl-< i|t<CTT^''fetA<Ri'tdi< ^i3rt^IT3TI^?T ler Ardcte 226/227 ofthe Constitation of the transfer onler dated 14-3-2006 aa-Managing Director, BSNL respondent faas bccn transferred j&oia CIihattisgarh sulicc tti^garh (Antui is that after reot^aiuzatun of the State, ia Chhattisg^rh Citcle as Sub Diwteioiial of respondent No.3 General MBnager thcn hc is discliargmg his duticsi. His Circle is five years. However, vidc n|uexure P-1), the petitioner has beea Circle to Jamiau & Kashaur Cirele, 'B' Officers having more fhaa five years' Circte and it is not knowii as to c|hosen for transfer. As per thc Group 'B' PoUcy of BSNL, the pctitioner is eatitled Circle. Moreover, the petitioner tfaan 55 years asd as per clausc 7 of tfac icspondcnts ought to havc avoidcd thc teniire statlon. Moreover, thc petitioner vmdergone bypass surgeiy in Februaiy, l^h of the petition&r is deterioratiag day by j.poUo Hospitals, Madras, wtuch is evident Chh^ttisgarh Chl^atfegarlx XI-HC-78 's^t '<ii'Mifi<i, sitfly'is, Riciwy . ^ U. T3. !S63>/ *ll+l<»ti sh*ll«i • ^ 200^ 311^1 4d<b ('i^S'a^) an^rqiTl^ira; TOr341^1*t|i»b ?^ITW<lfeT3n^?T ^- peuqone OfBctas CGM fixam Aiiaexure P-4. The fanuly inetnbers to took after. to rcspondcnt No.l Sss (Aimexure P-Sj, but that has In the rejoinder, it has| Circle has been declared as 2-2004, The petitioner has cirefe and hc has givcn his not been considered bv tfae re^ has been taentioned that befotfc longest stay of Group 'B' Circle was suppUed by the Ncw DcUu, ia wbich thc naintj then, the petitioner has becn whose longest sfay ia the Patel, L.N. Tiwari, S.K. Tiwari,! Som, P.K. Sahu & B. Bhotefear) bccn tiansfcrrcd without icspondeats are considermg circile, which is not corrcct. Returu has been filed ou| filed oa behalf of respondent has bccii cffccted -wifh thc Considering fhe requiremeat telecommuaications network Officers ia the grade of RetfEbuvanshi. tfae^etitioner can<tcUation n4»t co)npleted cUoicc •=bi<if<'i<n-< tiit<dTfftecA<Ri^i< ^srf^tiTsn^r tit|oner has 75 years o]d aothfir and ofher phe petitioaer submitted a representatioa of his traasfer on 21-3-3006 beea decided. beea inMitioned that the Chliattisgarh halrd tenure statun vide circular dated 12- uiore thaa two years ia a teaure of placc for transfer, but samc h^ ^poadcnts. In paia 5 ofthe rejolader, It passing the impugned order, the Itet of wlio are worldng in fhe Chhattisgarh [, ChhattisgaA to fhe Coipoxate OfiBce, of thc pctitioiicr docs not appear, cvcn Iteausferred. The Dflmes of ten officers CIpiattisgarh Circte are V.B. Jakate, S.P. |R.R. Singh, N.G. Raut.N.K. Minj, P.K. But, in spite ofthat, the petitioaer has thc iiainc of tfa.c petitioiier. Thc B|ladliya Fradesh & Chhattisgarfa as one Cl(Jiattisgarh is a separate circlc, |bebalf of the respoadents. la thc retum >.l it has been mentioned that tlie order lapproval of tfac coiapctent authority. and to Iiave stabk ftmction of the ^n fhe Jammu & Kaslmur regk>n, 36 •wreze posted ainong others. Mr. h^reia, along with. two more officcrs has scn^iing Nb SD^s h^reia, -^^s?^*' XI-HC-78 3n^T^rR-fi+ TOT3T1^Tshtf ^ x ^.V 3^? •<<l<lld<l, ®T(1wiS,Rldlti^ *11*1WI sbNlcb ^^y%^(.. ^ ^ 3li^i >iacn (lclt^'!iyT) WtITWflfiTTan^T - ^+ fhe xnbde teiilure teili been posted fiom. Chliattisga^h. Tetecoia Circle/Chhattis^rh fhc postings wcrc madc on Kashmir Teteconi Circle is a two years. The posting of Telecoia Circle has been coinbined M.P./Chhattisgarh It is admitted position| carved out as a separate ctr^fe circle siace 2000. As per th^ can continue up to 24 yeais has been declared as hard pctidoncr has stated that mentioned are officers of thel The name of fhe petitioner w^s then, he has been teansferre^. Therefore, as per clause 7 ofl hari teaure officeis are to bc| alreadvworkiag m the hard Therefore, considering respective counsel, respon^ei representatioa of the petitione| factors with a rcasoncd ordcr ^rit of receipt of a copy of this pedtioner is at Uberty to move With fhe direction a&re4au ':tii<<fci<fl-f *<iifiTfftet^t'<Ri«i< ^sTf^irsii^r Cucle. The officiat has beea in M.P. felecom Circle for niore thaa 24 veaxs and basis of Joagcst stssy. The Jacunu & 4ard tenure station. The tenure period is Mr- Raghuvanshi to Jammu & K^tuair based on the longest stay in the Telecoin Ciicles, that thc Chhattisgarh Circlc has bccn aad the pctitioner is workmg in this Transfer & Posting PoUcy, tiie petitioner |in the Chhattisgarh Ciccle and fhe saiae statioa, as per the order of 2004. Thc morc officcrs whosc names havc bccn longest stey m thc Ctlhatdsgarh Circle. not sent by thc General Mauagcr, even The petitioner is a^ed about 56 years. the Traasfer & Postiag Policy, nonnaBy avoided, apart from fhat the pcti.ti.oncr is station aad he is a heart patient, the above documents aad arguments of 4ent No.l is directed to decide the after takiag into consideration the above ^rithin a pcriodoftwowccksfixiiii fhc datc If any adverse order is passed, the tetiure oildcr. Ithis Court,"^- ^ ^<7t*<pc'' ^aid, the petition stands disposed of. Sd/- L.C.Bhadoo Judge '^2