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2025 DAILYLAW 30533 (CHH)

JAGDISH PRASAD CHAUDHARY v. STATE OF CHHATTISGARH

WPS/6382/2025 · 2025-06-30

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:29825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6382 of 2025 1 - Jagdish Prasad Chaudhary S/o Shri Damodar Prasad Chaudhary Aged About 61 Years Working As Sub Division Officer, Public Work Department (Bridge) Sub Division No. 1 Raigarh And District - Raigarh (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Public Works Department (Pwd) Mahanadi Bhawan New Mantralaya, Atal Nagar Naya Raipur. District - Raipur (C.G.) 2 - The Secretary, and Convener Committee Of Senior Secretaries, General Administration Department Room No. 6 Mahanadi Bhawan New Mantralaya, Atal Nagar Naya Raipur. District - Raipur (C.G.) 3 - The Engineer In Chief Public Works Department, Nirman Bhawan, North Block Atal Nagar, Raipur District - Raipur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. R.S. Patel, Advocate. For State-Respondents : Mr. Suyash Dhar, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 01-07-2025 1. The present petition has been filed by the petitioner challenging his transfer order dated 17-06-2025 whereby his services have been transferred Bridge Sub-Division No.1 Raigarh to Bridge, Sub-Division Jashpur, PWD with the following prayer: “10.1 This Hon’ble Court may kindly be pleased to issue an appropriate writ and quash the impugned transfer order dated 17.06.2025 (Annexure-P/1), in the interest of justice. 10.2 This Hon’ble Court may kindly be pleased to issue an Digitally signed by MOHAMMAD AADIL KHAN 2 appropriate writ an direct the respondent authorities to allow the petitioner to work at present place of working, in the interest of justice. 10.3 This Hon’ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 2. Leaned counsel for the petitioner would submit that the petitioner is working as Sub-Divisional Officer, PWD and posted at Bridge, Sub-Division No.1, Raigarh. Earlier his services have been transferred vide order dated 09-10- 2023 and he was transferred from Bilaspur to Raigarh and he joined there at Raigarh on 09-10-2023 and within two years of his earlier posting his services has again been transferred vide impugned order dated 17-06-2025. He would further submit that the transfer of the petitioner is violation of the clause 3.10 and 3.12 of the transfer policy dated 05-06-2025 issued by the State Government. He would further submit that superannuation of the petitioner is due in the month of July, 2026 and less than one year is remain for his retirement and according to clause 3.12 of the transfer policy he should be posted at his home district, i.e. Raigarh, yet he has been transferred to Jashpur. He would further submit that raising his grievances the petitioner has moved his representation to the transfer committee on 19- 06-2025 which is still pending and no decision has been taken on his representation. He would further submit that the transfer committee may be directed to consider his representation in accordance with the clause 3.10 and 3.12 of the transfer policy dated 05-06-2025 within stipulated period. 3. On the other hand learned counsel for the State though opposes on merits, but he has no objection if such direction is issued to consider the representation of the petitioner within the stipulated time in accordance with law. 4. Considering the limited submissions made by learned counsel for the parties, 3 and also considering that the representation of the petitioner is pending since 19-06-2025 before the transfer committee, respondent No. 2 is directed to consider and decide his pending representation dated 19-06-2025 (Annexure-P/6) moved by the petitioner in accordance with law on its own merits within three weeks from the date of receipt of copy of this order keeping in view of clause 3.10 and 3.12 of the transfer policy dated 05-06- 2025. The petitioner is directed to produce copy of this order to the authority concerned within a week from today. Till the decision of the transfer committee on the representation of the petitioner, no coercive steps shall be taken against him pursuant to the transfer order dated 17-06-2025 with respect to the petitioner’s transfer and he may be allowed to work on the present place of posting. 5. With the aforesaid observation and directions the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil