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2025 DAILYLAW 13519 (CHH)

DINESH KUMAR RAWATE v. STATE OF CHHATTISGARH

WPS/1853/2025 · 2025-03-18

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 4 2025:CGHC:12797 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1853 of 2025 1 Dinesh Kumar Rawate S/o Shri Ramdayal Rawate Aged About 41 Years Posted As Training Officer, R/o Quarter No. G-29, New Civil Line, Rajnandgaon, District- Rajnandgaon (C.G). ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of Skilled Development Technical Education And Employment, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 Special Secretary, Department Of Skilled Development Technical Education And Employment, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 Director, Directorate Of Employment And Training (Training Side) Indrawati Bhawan, Block No. 4, First Floor, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 4 Principal, Government Industrial Training Institute, Rajnandgaon, District Rajnandgaon (C.G.) ... Respondent(s) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.03.19 10:16:10 +0530 2 / 4 For Petitioner : Shri Praveen K. Dhurandhar, Advocate For Respondents/ State : Shri Kanwaljeet Singh Saini, P.L. (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 18/03/2025 1. By the present writ petition, the petitioner, is questioning the transfer order dated 27.08.2024 (Annexure P-1) by which the petitioner has been transferred from Industrial Training Institute, Rajnandgaon C.G. to Industrial Training Institute, Bijapur, District Bijapur C.G. 2. Learned counsel for the petitioner submits that, the petitioner’s wife is also a government servant, who is working as a teacher and posted at district Kanker. He submits that the ailing father of the petitioner and his two children who are studying in class 7th and 4th are also residing with him at Rajnandgaon. He further submits that because of the mid term transfer of the petitioner to Bijapur which is situated at a distance of 345 km from the present place of posting, the entire family of the petitioner has been destabilized and studies of petitioner’s children are severely effected. He further refers to judgments of Hon’ble Supreme Court in the case of Bank of India Vs. Jagjit Singh Mehta reported in (1192) 1 SCC 306 wherein Hon’ble Supreme Court has observed that the posting of husband and wife should be at one station even if their employers are different and the said principle should 3 / 4 be followed as far as practical. He further refers to Director of School Education, Madras and Ors. Vs. O. Karuppa Thevan and Anr. Reported in 1994 Supp (2) SCC 666 wherein the Hon’ble Supreme Court deprecated the system of transfer of employees in mid session where their children are studying. 3. Learned counsel for the respondents/ State on instructions submits that, as far as, the transfer of employees of the State government is concerned, the State government has decided to constitute a committee to consider the grievance of the employees in case of transfer and placed a copy of the order dated 03.03.2025, which is taken on record. He further submits that if the petitioner will approach the said committee, the committee will decide the same in accordance with the relevant transfer policy and relevant law. 4. I have heard learned counsel for the parties and perused the documents on record and the judgment of the Hon’ble supreme court which is placed by the learned counsel for the petitioner. 5. It is not in dispute that the petitioner and his wife both are government employees posted in two different places and children of the petitioner are studying in school in class 7th & 4th at Rajnandgaon. 6. Hence, looking to the grievance of the petitioner, it is directed that the petitioner shall approach the committee constituted by order dated 03.03.2025 with a representation within a period of 10 days from the date of receipt of a copy of this order. In case of filing of 4 / 4 the representation, the said committee shall decide the representation of the petitioner in accordance with law and particularly considering the guidelines of the Hon’ble supreme court passed in the matters of Bank of India (supra) and Director of School Education, Madras (supra) within a period of 30 days from the date of filing of the representation. 7. With the aforesaid observation, the writ petition is disposed off. 8. The petitioner is at liberty to apprise the committee about the order of this court. Sd/- (BIBHU DATTA GURU) JUDGE Jyoti