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2025 DAILYLAW 20179 (CHH)

RAKESH PERE v. STATE OF CHHATTISGARH

WPS/3047/2025 · 2025-05-01

Shri Bibhu Datta Guru

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:19862 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3047 of 2025 1 Rakesh Pere S/o Mohan Ram Pere Aged About 35 Years R/o Komatpalli Post Pamgal Bijapur District - Bijapur (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through Secretary Department Of Commerce And Idustries Mantralaya Atal Nagar Raipur District - Raipur (C.G.) 2 Deputy Secretary Department Of Commerce And Industries Mantralaya Atal Nagar Raipur District - Raipur (C.G.) 3 Additional Director Industries Directorate Udyog Bhawan Ring Road - 1 Trlibandha Raipur District - Raipur (C.G.) 4 District Commerce And Industries Center Bijapur District - Bijapur (C.G.) 5 District Commerce And Industries Center Manendragarh District - Manendragarh Chirmiri - Bharatpur (C.G.) ... Respondent(s) For Petitioner(s) : Shri Ravikar Patel, Advocate For Respondent(s) / State : Shri S.S. Choubey, P.L. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.05.03 12:56:00 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 01/05/2025 Heard. 1. By the present writ petition, the petitioner, who is posted as Assistant Grade-III in District Commerce and Industries Center, Bijapur is questioning the transfer order dated 16.01.2025 (Annexure P-2) by which the petitioner has been transferred from Bijapur to Manendragarh and also the order dated 21.04.2025 (Annexure P-5) by which the respondent No. 2 has rejected the representation of the petitioner. 2. Learned counsel for the petitioner submits that earlier the petitioner has preferred a writ petition bearing WPS No. 635 of 2025 which was disposed off vide order dated 24.01.2025 directing the respondents to consider the representation and to decide the same within 30 days and the transfer order dated 16.01.2025 was stayed. He further submits that the representation has been decided without considering the grounds raised by the petitioner about the ailing mother and his wife also working as peon in Women’s Hostel, Pamgal Block Bhopalpattnam Bijapur and the representation was rejected by impugned order dated 21.04.2025 (Annexure P-5). 3. Learned counsel for the respondents/ State on instructions submits that, as far as, the transfer of employees of the State 3 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. 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. Looking to the facts and circumstances of the case that the petitioner’s wife is also a government servant and is posted at Bhopalpattnam, Bijapur and his ailing mother is also residing with him and the previous representation has been rejected without considering the grounds raised by the petitioner. It is directed that the petitioner may approach the committee constituted by the State by order dated 03.03.2025 within a period of 10 days and the committee shall decide the representation of the petitioner after considering the ground of her ailing mother and wife being posted at Bijapur within a period of 30 days from the date of receipt of a copy fo this order. Till then order dated 16.01.2025 (Annexure P-2) and 21.04.2025 (Annexure P-5) shall remain stayed. 5. With the aforesaid observation, the writ petition is disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti