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2025 DAILYLAW 17711 (CHH)

AMAN KUMAR RAM v. STATE OF CHHATTISGARH

WPS/2923/2023 · 2025-08-31

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:44476 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2923 of 2023 1 - Aman Kumar Ram S/o Late Tarun Kumar Ram, Aged About 33 Years Occupation Assistant Grade Iii, Posted At Office Of Asst. Commissioner Tribal Development, Korba R/o Ward No. 04, Dewangan Para, Near Santoshi Temple, Durpa Para Road, Korba Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Aadim Jati And Schedule Tribe Development Department Secretariat, Mahanadi Bhavan, Naya Raipur District Raipur Chhattisgarh. 2 - Additional Secretary Chhattisgarh State Aadim Jati Schedule Tribe Development Department Secretariat, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh. 3 - Asst. Commissioner Tribal Welfare Department Korba, District Korba Chhattisgarh. 4 - Collector, Korba, District Korba Chhattisgarh. 5 - Chief Executive Officer, Janpad Panchayat Pali, District Korba Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 ... Respondent(s) For Petitioner(s) : Mr. Rahul Pathak, Advocate on behalf of Mr. Awadh Tripathi, Advocate. For Respondent(s)/State : Mr. Ankur Kashyap, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 01/09/2025 1. This petition is preferred against order dated 30.9.2022. 2. By way of this petition, the petitioner has prayed for following reliefs:- "10.1 That, this Hon'ble Court may kindly be pleased to allow the petition and quash the order dated 30/09/22 Annexure P/1, which relates to the Petitioner and also quash the Order dt. 24/04/23 Annexure P/2, which also relates to the petitioner, in the larger interest of justice. 10.2 Any other relief, which may deem fit and proper in the facts and circumstances of the case, may also be allowed." 3. Vide order dated 4.5.2023, the petitioner was granted stay and the impugned transfer order dated 30.9.2022 was stayed by this Court. 4. Considering the aforesaid aspect of the matter and considering the fact that on the strength of the aforesaid stay order, the petitioner is still continuing at his original place of posting, as such, by the afflux of time the said order, has lost its efficacy and 3 as such the order dated 30.9.2022 is required to be quashed and accordingly the said order under challenge is hereby quashed. 5. However, liberty is granted to the respondent State authorities to pass appropriate orders in respect of transfer of the petitioner, in case exigency arises, without being influenced by this order. 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat