Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31805
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6312 of 2025 1 - N.K. Tiwari S/o Late. Shri Mangal Prasad Tiwari Aged About 60 Years Assistant Engineer Presently Working As Sub Divisional Officer Public Work Department, Sub Division (Bhavan/sadak) Tilda, District- Raipur (C.G.)
... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Public Work Department Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - The Deputy Secretary Public Work Department Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.) 3 - Ahmad Nawaz Danish Assistant Engineer Sub Divisional Officer Public Word Department Sub Division Kota, Division-2, District- Bilaspur (C.G.)
... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Somnath Verma and Mr. Ashwani Shukla, Advocates. For State- Respondents : Mr. Vinay Pandey, Deputy Advocate General and Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri Justice
Ravindra Kumar Agrawal
Order on Board 09-07-2025
1. The petitioner has filed the present petition challenging his transfer order dated 17-06-2025 (Annexure-P/1) by which he has been transferred from the office of Sub-Divisional Officer, PWD, Tilda to the office of Sub-Divisional Officer, Sub-Division Saraipali.
2.
Learned counsel for the petitioner would submit that within two years of his Digitally signed by MOHAMMAD AADIL KHAN
2 posting at Tilda he has been again transferred from Tilda to Saraipali which is against the transfer policy dated 05-06-2025. He would refer the order dated 06-10-2023 by which he has been posted there at Tilda and now he has been transferred vide order dated 17-06-2025 from Tilda to Saraipali. He would also submit that against the impugned transfer order he has already made representation to the transfer committee as provided under clause 8 of the transfer policy 05-06-2025 which is still pending and therefore, the authority concerned may be directed to decide his pending representation within a stipulated time frame.
3. On the other hand, learned counsel for the State would submit that the petitioner was in-charge Sub-Divisional Officer, PWD, Tilda and he was given absolute charge of PWD, Tilda vide order dated 06-10-2023 and since the petitioner was already there at Tilda at the time when the order dated 06-10- 2023 was passed, he has already completed more than two years of his posting at Tilda and this ground is not available to him. So far as the pending representation of the petitioner is concerned, the authority concerned may be
directed to decide his pending representation within stipulated time frame in accordance with law.
4. Considering the submissions made by learned counsel for the parties, considering the issue involved in the present petition and also in view of the fact that on 06-10-2023 when the earlier transfer order was passed by which the petitioner was given absolute charge of S.D.O., PWD, Tilda and at that time he was already posted at Tilda, it cannot be said that within two years of his posting at Tilda he has again been transferred.
5. Further, in view of the submissions made by learned counsel for the petitioner that his representation is pending since 23-06-2025 before the Transfer Committee, the Transfer Committee/Secretary, General Administration Department is directed to decide the pending representation of the petitioner dated 23-06-2025 within 30 days from the date of receipt of
3 copy of this order in accordance with law on its own merits. The petitioner is
directed to produce a copy of this order within a week from today to the Transfer Committee/Secretary, General Administration Department, Chhattisgarh Government, Raipur.
6. With the aforesaid observation, the present petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Aadil
Judge