2025:CGHC:23962 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4294 of 2025 Dr. Khemlata Dehari W/o Dr. Sahoran Singh Sidar Aged About 45 Years Working As Veterinary Assistant Surgeon (V.A.S.) At Veterinary Hospital Gokulnagar, Block Takhatpur, District Bilaspur (C.G.), R/o Senoir H.I.G. 48-A, Pandit Dindayal Nagar, Housing Board Colony Devarikhurd, Post Torwa, Tahsil And District Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Live Stock Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - Director Directorate Of Veterinary Services, New Raipur, District Raipur (C.G.) 3 - Joint Director Veterinary Services, District Bilaspur (C.G.) 4 - Deputy Director Veterinary Services, District Surajpur (C.G.) ... Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Jeet Ram Patel, Advocate For Respondents/State : Shri Shreyansh Mehta, Pl ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 13.06.2025 1. By the present writ petition, the petitioner is challenging and impugning the recommendation dated 05.05.2025 of the Transfer Committee and order dated 08.01.2025 (Annexure P1), whereby, the Transfer Committee has rejected the representation of the petitioner which has been made against his transfer order. Wps 4294 of 2025 2 2. The petitioner, who is working as Veterinary Assistant Surgeon, and presently posted at Veterinary Hospital, Gokulnagar, Block Takhatpur, District-Bilaspur has been transferred to Block Odagi, District-Surajpur vide order dated 08.01.2025. Earlier, petitioner filed WPS-456 of 2025 before this Court, which has been disposed of by the Coordinate Bench of this Court on 24.03.2025 with the following observation: “5. As the petitioner has raised some personal difficulties as a ground for transfer of the present petitioner, and as per the petitioner, the order impugned is also contrary to the policy of the state Government. The petitioner is directed to approach the Committee constituted by the State Government and submit a representation within a period of 10 days. If the petitioner will file any such representation before the Committee, the Committee is directed to consider the same and pass necessary order in accordance with the policy of the State Government by considering the grievance of the petitioner within a further period of 20 days. The interim order dated 17.01.2025 shall remain operative till then. The petitioner is at liberty to apprise ;the Committee about the order passed by this Court.” 3. Subsequent to the above order, the matter travelled to the Transfer Committee for its consideration in light of Circular dated 03.06.2015, issued by the State Government, and also in light of the Transfer Policy of the year 2022 by the order dated 24.03.2025 passed by this Court in WPS-456 of 2025.. However, the representation of the petitioner has been rejected by the Transfer Committee by its recommendation dated 05.05.2025, and the order dated 08.01.2025, which are under challenge in the present petition. Wps 4294 of 2025 3 4. Learned counsel for the petitioner would submit that although the representation of the petitioner has been rejected by the Transfer Committee, however, there is no consideration of Circular dated 03.06.2015 while considering the case of the petitioner by the Committee, whereas, in light of order dated 08.01.2025, the Transfer Committee should have considered the Circular dated 03.06.2015 issued by the State Government, and there is no consideration in the recommendation made by the Committee dated 05.05.2025 that they have considered the Circular dated 03.06.2015. Therefore, the case may be remitted back to the Transfer Committee to decide the representation afresh in light of Circular dated 03.06.2015 issued by the State Government, and also in view of Transfer Policy,2022. 5. On the other hand, learned State Counsel opposes and would submit that after considering the entire facts and circumstances of the case, as well as the Rules and Circulars, the Transfer Committee has passed the order, which needs no interference by this court. 6. From perusal of recommendation dated 05.05.2025 of the Transfer Committee, it appears that there is no consideration of Circular dated 03.06.2015, and it is only reflects in para-3 that they have examined the case of the petition in light of the Transfer Policy, 2022, and rejected the representation of the petitioner. Therefore, this Court deem it appropriate to remit the matter back to the Transfer Committee to decide the petitioner’s representation afresh in light of the Circular dated 03.06.2015, Wps 4294 of 2025 4 as well as the Transfer Policy, 2022, and shall pass a reasoned order afresh. 7. Accordingly, impugned recommendation dated 05.05.2025 and order dated 08.01.2025 (Annexure P1) are quashed, and the matter is remitted back to the Transfer Committee to decide the representation of the petitioner afresh in view of Clause-2.1 of the Transfer Policy, and in light of Circular 03.06.2015, issued by the State Government, on its own merits, and shall pass a reasoned order in accordance with law within a further period of 30 days from today. The petitioner is directed to produce a copy of this order to the Transfer Committee within a week from receipt of a copy of this order. 8. Till decision of the Transfer Committee, the impugned transfer order shall remain inoperative. 9. With aforesaid direction, present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma Digitally signed by V PADMAVATHI Date: 2025.06.17 11:28:09 +0530