1 2025:CGHC:918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 50 of 2025 • Akhilesh Chandrakar S/o Late Shri F.L. Chandrakar Aged About 61 Years Presently Working As Executive Engineer, Municipal Corporation Bhilai, District Durg (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.). 2. State of Chhattisgarh Through Under Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.). 3. Municipal Corporation, Bhilai Through - Commissioner, Municipal Corporation, Bhilai, District Durg (C.G.) ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner : Dr. Sudeep Agrawal, Advocate. For Respondent/State : Mr. Saumitra Kesharwani, PL For Respondent No. 3 : Ms. Juhi Anguriya, Advocate on behalf of Mr. Rajesh Kumar Kesharwani, Advcoate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1) That, this Hon'ble Court may kindly be pleased to set-aside the impugned transfer order dated 26.12.2024 (Annexure P-1) relating to the petitioner in the interest of justice. 10.2) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted”. 2. Brief facts of the case is that, the petitioner was initially appointed on the post of Sub Engineer in the year 1986 by way of direct recruitment as regular employee. The service records of the petitioner and as per the prevalent service rules, the petitioner was further promoted as Assistant Engineer in the establishment 3 of respondent No. 3 on 19.10.1989. The petitioner was further promoted on the vacant sanctioned post of Executive Engineer on 27.06.2023 by the order passed by the State Government. Since the petitioner is working with utmost honesty and sincerity and has unblemished service record and no departmental enquiry is pending against him. The petitioner is presently 61 years old and the superannuation age of the employees of Municipal Corporation is 62 years and since the date of birth of the petitioner is 08.09.63, therefore, he is going to retire from services on 30.09.2025. Without considering the vital fact that the petitioner is at fag end of his service career and is going to retire on 30.09.2025, impugned transfer order dated 26.12.2024 has been passed wherein the services of the petitioner has been transferred from Municipal Corporation Bhilai to Municipal Corporation Bilaspur as Executive Engineer. Pursuant to the impugned transfer order the representation has been submitted to the respondent authorities on 27.12.2024. 3. Learned counsel for the petitioner is challenging the transfer order of the petitioner in which he has been transferred from Municipal Corporation Bhilai to Municipal Corporation Bilaspur as Executive Engineer. It has been argued by the learned counsel for the petitioner that the petitioner is going to be retired on 30.09.2025 as such only 9 months are left for his retirement as 4 such the impugned order dated 26.12.2024 is required to be quashed. 4. Learned counsel for the State opposes the same. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts that the petitioner is going to be retired on 30.09.2025 which is just 9 months, I am of the view, that the impugned transfer order is required to be quashed, as the same seems to be illegal and arbitrary. Though transfer is an exigency of service but the authorities are also required to pass such order, which is reasonable and acceptable one. Only on the wishes of authorities such type of order can not be directed to continued. No specific reasons have been assigned regarding transfer of the petitioner at the fag end of his retirement. 7. Accordingly, the impugned transfer order dated 26.12.2024 is hereby quashed to the extent of the petitioner. 8. With this observation, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat