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2025 DAILYLAW 33433 (CHH)

RAVINDRA KUMAR MEHRA v. STATE OF CHHATTISGARH

WPS/7401/2025 · 2025-07-17

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:34230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7401 of 2025 1 - Ravindra Kumar Mehra S/o Shri Aaman Singh Mehra, Aged About 57 Years R/o G/1-2, GAD Quarters, Vidhya Nagar, Civil Lines, Khiragarh Chhuikhadan Gandai Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of Agriculture Development And Farmer, Welfare And Bio Technology Mahanadi Bhavan, Nava Raipur District Raipur Chhattisgarh 2 - Director, Horticulture & Farm Forestry, 4th Floor, Block -2, Hod Building, Indrawati Bhawan, Nava Raipur Atal Nagar, District Raipur Chhattisgarh 3 - Collector. District Khairagarh Chhuikhadan Gandai Chhattisgarh 4 - Assistant Director, Horticulture, Rajnandgaon Chhattisgarh 5 - Ku. Snehlata Sinha, Assistant Director, Gardan Dhamtari Chhattisgarh. ... Respondent(s) For Petitioner (s) : Shri Roshan Dubey, Advocate. For State : Shri Suyash Dhar, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 18.07. 202 5 1. Challenge in the present Writ Petition is the order dated 30.06.2025 whereby the respondent No.5 has been transferred on administrative ground to the post of Assistant Director, Horticulture, District Khairagarh-Chhuikhadan- Gandai. 2. The counsel for the petitioner submits that the transfer order has been issued without any administrative exigency as the petitioner was working as Digitally signed by INDRAJEET SAHU Date: 2025.07.21 18:09:00 +0530 2 incharge Assistant Director, Horticulture soon after formation of new District Khairagarh-Chhuikhadan-Gandai since 22.09.2022 though his substantive post was Senior Horticulture Development Officer and was given temporary charge of Assistant Director Horticulture for the said District. Now vide impugned order the private respondent has been transferred in place of petitioner without issuing any order in favour of the petitioner. 3. The State counsel opposing the petition submits that the order of transfer has been issued on administrative exigency looking into requirement of work in different offices of the State Govt. under the respondents. Thus, the impugned order does not warrant any interference. Further, the petitioner does not have any legal right for his posting on the said post of Assistant Director as his substantive post was Senior Horticulture Development Officer and was given temporary charge of Assistant Director at the time of formation of new district Khairagarh-Chhuikhadan-Gandai. 4. Be that as it may, this petition is premature as no any order of transfer has been issued in respect of petitioner. Only apprehension of the petitioner is that after joining of private respondent, he will have to hand over the charge of Assistant Director, Horticulture, the post against which he is performing his duties as incharge. It is a case where the petitioner is holding post of Senior Horticulture Development Officer and was given the charge of Assistant Director, Horticulture for newly established Khairagarh-Chhuikhadan-Gandai District as a stop gap arrangement. Thus, he was not having any substantial right over the post of Assistant Director, Horticulture for the said district. 5. Thus, the writ petition being premature deserves to be and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge inder