2025:CGHC:16566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 8709 of 2022 Raj Kapoor Jangde S/o Shri Rajbhan Prasad Aged About 52 Years R/o Ward No.43, Devarikhurd District -Bilaspur, Chhattisgarh. ---- Petitioner Versus 1 - State Of Chhattisgarh Through Secretary Department Of Medical Education (Ayush), Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. 2 - The Secretary/coordinator, The Committee Of The Secretaries, General Administrative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur, Chhattisgarh 3- Director, Ayush, District Raipur Chhattisgarh 4 - Principal/Secretary, Govt. Ayurvedic Collegean Hospital Bilaspur, Nutan Chowk Sarkanda, Bilaspur Chhattisgarh. Respondents For Petitioner : Shri Vaibhav P. Shukla, Advocates. For Respondent Nos. 1 to 3 / State : Shri Rajkumar Gupta, Addl. Advocate General. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 28/01/2026 1. The petitioner has sought for the following reliefs in this petition:- 10.1 To quash the impugned amended transfer order dated 30/09/2022 issued by the Additional Secretary, Department of Medical Education (AYUSH), State of Chhattisgarh to the extent it relates to the Petitioner; 10.2 Cost of the present petitioner may also be awarded; 10.3 Pass any other further order(s) as this Hon'ble Court may deem 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 at the relevant point of time, the petitioner was performing his duties as Pharmacists at Government Ayurvedic ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2026.01.31 14:40:59 +0530 -2- Hospital, Kosa, District – Janjgir-Champa. Vide a transfer order dated 30/09/2022 passed by the respondents on administrative exigencies he was transferred to Government Ayurvedic College and Hospital, Bilaspur (Annexure P/2). In compliance of the said order the petitioner was relived on 12/10/2022 (Annexure P/3). After his relieving, he joined at his transferred place on 30/10/2022 and started his duty there. To demonstrate that, the attendance register is filed along-with the writ petition. Later on, the impugned order by which the earlier transfer of the petitioner was amended and instead of Government Ayurvedic College Hospital, Bilaspur, he was posted at Govt. Ayurvedic Hospital, Seepat, District - Bilaspur. He further submits though the impugned order (Annexure P/1) was passed on the same day. However, the same was not served upon the petitioner before relieving and joining at the transferred place in view of the transferred order Annexure P/2. It was only served upon him on 25/11/2022. He further submits that as petitioner in compliance of earlier transfer order Annexure - P/2 has already joined his duty at the transferred place and started working, the execution of the transfer order Annexure P/2 has already taken place. He further submit that the executed transfer order cannot be amended. Thus impugned transferred order Annexure P/1 is liable to be set a side. 3. Learned counsel for the respondents submits that of-course the petitioner was earlier transferred to Bilaspur on 30/09/2022 vide Annexure P/2 but on the same day, looking to the exigency and administrative need his transfer order was amended vide Annexure P/1. He further submit that the distance between Bilaspur and Seepat is hardly 10 - 20 Kms. and it would not create any hardship to the petitioner. In fact the petitioner cannot raise any grievance with amending the transfer order. He further submit that even if the impugned order was not communicated to petitioner in time, his relieving and joining at transfer place at Bilaspur in terms of Annexure P/2 has no legal sanctity because that order stood amended on the same date. 4. Heard learned counsel for the parties and perused the record. 5. The controversy involved in this writ petition is to the order Annexure P/1 dated 30/09/2022 by which the earlier transfer order of the petitioner Annexure P/2 was amended. Both the order appears to be passed on the same day. Annexure P/3 is the relieving order of the petitioner and Annexure P/4 is the joining letter of the petitioner at the transferred place at Bilaspur. Along-with this documents is also -3- appended which goes to show that the petitioner started performing his duty at his transferred place – Bilaspur. Though Annexure P/1 is passed on the same day but it is not apparent on record barring the statement of the petitioner that it was served upon him on 25/11/2022 to suggest that before the petitioner was relived on 12/10/2022, the Annexure P/1 was ever communicated to the petitioner. Thus, even if the order Annexure P/1 was passed on the same day, but the compliance of Annexure P/2 has already been taken place by relieving of the petitioner and his place of joining at Bilaspur. 6. This Court while issuing notice to the respondent on 09/11/2022 effect an operation of the impugned amended order Annexure P/1 was stayed. It appears at the strength of that order, the petitioner is still performing his duties at Bilaspur. 7. Taking into consideration the above stated facts and discussion made here-in-above, in the opinion of this Court Annexure P/1 cannot stand as the petitioner has already executed the earlier transferred order. Thus impugned order Annexure P/1 with respect to petitioner is hereby set a side. However, it is also observed that the State Government is at liberty to pass a fresh order of transfer of the petitioner in case of any exigency or eventuality arises. Petition is thus allowed. Sd/- Sd/- Sd/- (Sachin Singh Rajput) Judge Ashish