Shri Jawahar Lal Diwan vs. State Of Chhattisgarh
Held
The Court allowed the writ petition. It held that the transfer order, issued when the petitioner was due for retirement in 2023, should not be given effect until he attains superannuation. The Court reasoned that it is a well-settled position that transfer orders should generally not be issued to employees on the verge of retirement, as it can adversely affect the documentation and release of their retiral benefits. The Court found that the transfer order was against the policy of the Government and that there was no extreme exigency justifying such a transfer at that stage. Consequently, the operation of the transfer order was stayed until the petitioner's retirement in 2023. The Court did not expressly leave any issues undecided.
Facts
The petitioner, Shri Jawahar Lal Diwan, a government employee, challenged a transfer order dated June 28, 2022. The order directed his transfer from the office of the District Excise Officer, Dhamtari, to the State Level Flying Squad, Raipur. The petitioner contended that the transfer order was contrary to the State Government's transfer policy. A crucial fact highlighted was that the petitioner was due for retirement in 2023, which was approximately a year away from the date of the order. The petitioner argued that such a transfer, close to retirement, could adversely affect the documentation process for releasing his retiral benefits.
Key Issues
1. Whether the transfer order dated June 28, 2022, issued by the respondents, is in contravention of the State Government's transfer policy, thereby warranting judicial intervention? The petitioner argued that the transfer order violated the established transfer policy of the State Government. He specifically emphasized that the transfer was issued when he was on the verge of retirement, which could negatively impact the timely processing and release of his retiral benefits. The petitioner relied on the general principle that employees nearing retirement should ideally not be transferred unless there is an extreme exigency. The respondents, the State of Chhattisgarh and its excise authorities, did not present any arguments or contentions in the judgment.
AI-generated summary — verify with the full judgment below
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4974 of 2022 • Shri Jawahar Lal Diwan S/o Late Shri Manbodhi Ram Diwan Aged About 61 Years R/o Panchmukhi Hanuman Nagar, Ratna Bandha, Dhamtari, District Dhamtari (C.G.) ---- Petitioner Versus
State Of Chhattisgarh Through The Secretary, Department Of Commercial Tax (Excise), Mahanadi Bhawan, Atal Nagar, Naya Raipur, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur (Chhattisgarh)
The Excise Commissioner North Block, Sector 19, Gst Bhawan Nawa Raipur, Atal Nagar, District Raipur (C.G.)
The District Excise Officer Dhamtari, District Dhamtari (C.G.) ---- Respondents --------------------------------------------------------------------------------------------------------- For petitioner : Mr. Sunil Verma, Advocate. For Respondent/State : Mr. Amrito Das, AAG. Hon'ble Shri Justice Narendra Kumar Vyas. Order on Board (22-07-2022)
Learned counsel appearing for the petitioner would submit that the petitioner is due for retirement in the year -2022 whereas by the impugned order dated 28-6-2022 the petitioner has been transferred from the office of District Excise Officer, District Dhamtari to State
The judgment continues below.
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