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2025:CGHC:17399
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2558 of 2025 1 - Shivanand Kaushik S/o Shri Prahalad Kaushik Aged About 39 Years Working As Assistant Veterinary Field Officer (A.V.F.O.), At Veterinary Hospital, Ganiyari, District Bilaspur, (C.G.)
... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of Live- Stock Development, Mantralaya, Mahanadi Bhawan, New Raipur, District
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Raipur,
(C.G.) 2 - The Director, Directorate Of Veterinary Services, New Raipur District Raipur,
(C.G.) 3 - The Joint Director, Veterinary Services, District Bilaspur, (C.G.) 4 - The Deputy Director, Veterinary Services, District Manendragarh- Chirmiri-Bharatpur,
(C.G.) 5 - Veterinary Assistant Surgeon, Veterinary Hospital Ganiyari, District Bilaspur,
(C.G.) 6 - The Veterinary Assistant Surgeon, Block Bharatpur, District Manendragarh-Chirmiri-Bharatpur, (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Jeet Ram Patel, Advocate AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.17 14:58:51 +0530
2 / 3 For Respondents/ State : Mr. Suyashdhar Badgaiyan, Dy. A.G.
(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 16/04/2025
1. By the present writ petition, the petitioner is questioning his transfer order dated 08/01/2025 Annexure P-1, by which, the petitioner has been transferred from Veterinary Hospital Ganiyari District Bilaspur to Outline Dispensary Kamarji, District Manendragarh-Chirmiri-Bharatpur.
2.
Learned counsel for the petitioner by referring Annexure P-1 submits that the name of the petitioner found placed at Sr. No.27, by which, the petitioner has been transferred to Outline Dispensary Kamarji, District Manendragarh-Chirmiri-Bharatpur, whereas in Sr. 36, one Gagan Kumar Nishad has also been transferred to the said same place. He further submits that the person at Serial No.36 has already joined in the place of posting i.e. Outline Dispensary Kamarji, District Manendragarh-Chirmiri- Bharatpur, hence, the transfer of the petitioner to the same place is absolutely illegal and arbitrary and it is well settled principle of law that two employees cannot be posted at same place & post.
3.
Learned counsel for the respondents/State, on instructions, submits that it is under process and the State is going to correct the posting of the petitioner by making necessary amendment in the impugned transfer order within stipulated period.
4. I have heard learned counsel for the parties, perused the
3 / 3 pleadings and documents.
5. It appears that the petitioner as well as one Gagan Kumar Nishad have been posted at same place as Assistant Veterinary Field Officer at Outline Dispensary Kamarji, District Manendragarh- Chirmiri-Bharatpur, hence, looking to the said illegality in the order by placing two employees at single place & post, the order of transfer, as far as the petitioner is concerned from Veterinary Hospital Ganiyari District Bilaspur to Outline Dispensary Kamarji, District Manendragarh-Chirmiri-Bharatpur, the impugned order Annexure P-1 dated 08/01/2025 is quashed, however, the respondent is at liberty to post the petitioner in accordance with law, if there is any administrative exigency arises.
6. Accordingly, the writ petition is allowed to the above extent. SD/- (BIBHU DATTA GURU)
JUDGE Amardeep