1 2025:CGHC:22225 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3828 of 2025 1 - Navdeep Kumar Pandey S/o Shri Awadhesh Pandey Aged About 38 Years R/o 3rd Battalion, Chhattisgarh Armed Force (Caf), Amleshwar, Durg, P.S.- Amleshwar, Tehsil- Patan, District- Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Additional Chief Secretary, Department Of Home/police, Mahanadi Bhawan, Mantralaya, P.S.- Rakhi, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Additional Director General Of Police (Adgp) Administration, Police Headquarters (Phq), Sector- 19, P.S.- Rakhi, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 - Additional Director General Of Police (Adgp) Chhattisgarh Armed Forces (Caf), Police Headquarters (Phq), Sector- 19, P.S.- Rakhi, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 4 - Commandant Office Of Commandant, 3rd Battalion, Chhattisgarh Armed Force (Caf), Amleshwar, Durg, P.S.- Amleshwar, Tehsil- Patan, District- Durg (C.G.) 5 - Subedar Major Office Of Samyoy, 3rd Battalion, Chhattisgarh Armed Force (Caf), Amleshwar, Durg, P.S.- Amleshwar, Tehsil- Patan, District- Durg (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Arpit Agrawal, Advocate For Respondent(s) : Mr. Ajit Singh, G. A. (Hon’ble Shri Justice Sachin Singh Rajput) 2 Order on Board 20/05/2025 1. The petitioner has filed this writ petition seeking following relief:- 10.1 That, this Hon'ble Court may kindly be pleased to pass an appropriate writ/order/direction, quashing and setting aside the impugned Order dated 03.04.2025 (ANNEXURE P-1) issued by the Respondent No. 5; 10.2 That, this Hon'ble Court may kindly be pleased to pass an appropriate writ/order/direction, directing that the Petitioner may be posted back at his previous posting at Amleshwar, District Durg; or that the Petitioner may be posted at the 3rd Battalion's Headquarters, in the interest of justice; 10.3 That, without prejudice and in the alternative to the above prayers, this Hon'ble Court may kindly be pleased to pass an appropriate writ/order/direction, directing the Respondent Nos. 2 and 3 Authorities to decide the representations dated 08.04.2025 preferred by the Petitioner at the earliest, preferably within a month from the date of passing of Order, keeping in mind his humanitarian needs and genuine grievances. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other and further reliefs(s), as it deems fit and proper in the facts and circumstances of the case, and in the interest of justice. 2. Learned counsel for the petitioner submits that presently the petitioner is working as a constable in the 3rd Battalion, Chhattisgarh Armed Force (CAF), Amleshwar, District Durg. He submits that challenge in this writ petition is to the duty certificate dated 03.04.2025 by which the petitioner was directed to give his joining at Camp Rekhaghati, District Bastar. He further submits that challenging the same he has made a representation to respondent No.2 & 3 which is filed as Annexure P-2 indicating therein that the wife of the petitioner had suffered a major accident 2 years back and as a result of which she is bed-ridden and finding difficulty in walking. The petitioner being the only member to look-after her and he was directed to join at a remote place where he would not be able to look-after his wife. He drew the attention of this Court to various medical documents appended with the writ petition, therefore, he submits that for the present the writ petition may be disposed of 3 directing the respondents No. 2 & 3 to take a decision on the representation made by the petitioner Annexure P-2 and till then some interim protection may be granted. 3. Opposing the same learned counsel for the respondent/ State submits that personal difficulty is not a ground to interfere in the impugned order. Apart from this, he submits that challenge is only to the duty certificate issued and no order of transfer was filed, therefore, the relief as claimed in the writ petition cannot be granted. 4. In rejoinder, Mr. Arpit Agrawal, learned counsel for the petitioner submits that the petitioner has not been transferred to any other company, rather by the duty certificate he has been asked to perform his duty at Camp- Rekhaghati District Bastar and as such no transfer order was ever served to the petitioner only the impugned duty certificate Annexure P-1 was served upon the petitioner. 5. Heard learned counsel for the parties and perused the record. 6. Be that as it may, after hearing learned counsel for the parties and on perusal of record, this Court is of the opinion that the writ petition can be disposed of permitting the petitioner to make a fresh representation to respondents No.2 & 3/ competent authority with regard to ventilating his grievances as projected in the writ petition. Therefore, it is ordered that the petitioner is at liberty to make a fresh representation before respondents No. 2 & 3/ competent authority within a period of 7 working days from the date of receipt of copy of this order. On receipt of such representation, it is expected that respondents No.2 & 3 shall take a decision within a further period of 15 days, till then status quo with regard to posting of the petitioner shall be maintained. 7. This Court has not expressed any opinion on merits of the case. 8. If any grievances subsists, the petitioner may seek remedy available under the law. 9. This writ petition thus disposed of. All pending application are also disposed of. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2025.05.21 15:37:26 +0530