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2025:CGHC:18062
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2659 of 2025 1 - Loknath Maheshwari S/o Shri Balak Das Aged About 42 Years Post- Co-Operative Extension Officer, Resident Of House No. 701, Panchsheel Nagar, Baghera, Ward No. 56, District Durg (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Cooperative Society, Mantralay, Mahanadi Bhawan, Atal Nagar, New Raipur (C.G.) 2 - Under Secretary, Government Of Chhattisgarh, Cooperative Society, Mantralay, Mahanadi Bhawan, Atal Nagar, New Raipur (C.G.) 3 – Commissioner, Cooperation And Registrar, Cooperative Societies, Indravati Bhavan, Nava Raipur, Atal Nagar, Distt.- Raipur (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Ritesh Verma, Advocate For Respondents/State : Mr. S. P. Kale, Additional Advocate General (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 22/04/2025
1. By the present writ petition, the petitioner, who is working on the
2 / 3 post of Cooperative Extension Officer is questioning the transfer
order dated 09.04.2025 (Annexure P-1) by which the petitioner has been transferred from the Office of Deputy Commissioner, Cooperative Societies, District Rajnandgaon to the Office of Deputy Commissioner, Cooperation and Deputy Registrar, Cooperative Societies, District Surajpur on administrative exigency.
2.
Learned counsel for the petitioner submits that the petitioner is questioning the transfer order by which he has been transferred from the Office of Deputy Commissioner, Cooperative Societies, District Rajnandgaon to the Office of Deputy Commissioner, Cooperation and Deputy Registrar, Cooperative Societies, District Surajpur on administrative exigency. As the petitioner is having permanent disability of 70% due to which he cannot walk through legs without the help of crutch hence, his transfer is contrary to the transfer policy issued by the State Government dated 12/08/2022 wherein it has been clearly mentioned in clause 2.8 that disabled Government servants should, as far as possible, be posted at a convenient place keeping in mind his transportation. On account of execution of the transfer order, the petitioner shall suffer irreparably as his younger brother being an Army man is also posted far from him i.e. Jalandhar.
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
3 / 3 employees in case of transfer. He further submits that if the petitioner will approach the said committee, the committee will decide the same in accordance with law and the relevant transfer policy.
4. I have heard learned counsel for the parties and perused the documents.
5. Looking to the grievance of the petitioner, it is directed that the petitioner shall approach the committee constituted vide order dated 03.03.2025 by filing a representation within a period of 15 days from the date of receipt of a copy of this order. In case of filing of such representation, the said committee shall decide the representation of the petitioner in accordance with law and the relevant transfer policy, within a period of 25 days from the date of filing of such representation.
6. It is made clear that till the decision of the Committee, the impugned transfer order dated 09/04/2025, as far as it relates to the petitioner, shall remain stayed.
7. The petitioner is at liberty to apprise the Committee with regard to the order passed by this court. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar