Pushpa Rani Agrawal vs. State Of Chhattisgarh

WPS/8212/2019HC ChhattisgarhGSTCNR CGHC01033776201930 September 2019Bench: HON'BLE SHRI JUSTICE P. SAM KOSHY2 pages
AI SummaryRemanded

Held

The Court acknowledged the petitioner's submission regarding her imminent retirement within one year. Considering the short period of service remaining, the Court directed the petitioner to submit a detailed representation to the respondents within 10 days of receiving the order. The respondents were then directed to decide this representation within 45 days of its receipt. Pending the decision on the representation, the operation and effect of the impugned transfer order were stayed concerning the petitioner. The Court did not decide the merits of the transfer policy violation but provided a procedural remedy.

Facts

The petitioner, Pushpa Rani Agrawal, a government employee, challenged an order dated 25.09.2019 transferring her from the Deputy Registrar Office, Dhamda, District Durg, to the Deputy Registrar Office, Gandai, District Rajnandgaon. The petitioner's primary contention was that she was due to retire in less than a year, specifically on 30.06.2020. She argued that as per the State Government's transfer policy, employees nearing retirement within one year should not be transferred. The respondents are the State of Chhattisgarh and its relevant departments and officials.

Key Issues

1. Whether the transfer of the petitioner is in contravention of the State Government's transfer policy, considering her impending retirement within one year? (Question of law and fact) Contentions: Petitioner: Argued that the transfer policy prohibits transfers of employees who are to retire within one year. Relied on the State Government's transfer policy (though not specifically named or cited). Revenue/State: No arguments were recorded for the respondents in the provided judgment.

AI-generated summary — verify with the full judgment below

1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8212 of 2019 Pushpa Rani Agrawal Wd/o Late Ashoak Kumar Agrawal Aged About 61 Years R/o- Near Graden, Shikshak Nagar, Durg, District Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Petitioner Versus

1.

State Of Chhattisgarh Through- The Secretary, Department Of Commercial Tax (Registration), Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2.

Under Secretary Department Of Commercial Tax (Registration), Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

3.

Inspector General Registration And Stamp Duty, Gst Bhawan, Second Floor, Capital Complex, North Block, Sector 19, Nava Raipur, Atal Nagar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondents For Petitioner : Mr. Ankit Pandey, Advocate For State : Mr. Anshuman Shrivastava, P.L. Hon'ble Shri Justice P. Sam Koshy Order on Board 01/10/2019

1.

The challenge in the present Writ Petition is to the order Annexure P/1 dated 25.09.2019 whereby the services of the petitioner has been transferred from the office of Deputy Registrar Office, Dham

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