2025:CGHC:36647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8095 of 2025 Umesh Ratre S/o Shri Ramgilash Ratre Aged About 34 Years Presently Posted As Chief Executed Officer At Janpad Panchayat Gurur, District - Balod (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 2 - Under Secretary Panchayat And Rural Development Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Deepak Thakur Presently Posted As Chief Executed Officer At Janpad Panchayat Dhamtari, District - Dhamtari (C.G.) ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Anurag Verma, Advocate For Respondents/State : Shri S Choubey, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 28.07.2025 1. Petitioner has filed this petition for the following reliefs: “”10.1 This Hon’ble Court may kindly be pleased to issue a writ/order/direction in the nature of mandamus and quash the impugned transfer order dated 30.06.2025 (Annexure P/1) so far as the transfer of the respondent no.3 is concerned, in the interest of justice. Digitally signed by V PADMAVATHI Date: 2025.08.02 12:03:36 +0530 Wps 8095 of 2025 2 10.2 Any other relief which the Hon’ble Court deems fit and proper under the facts and circumstances may also be provided to the petitioners.” 2. Learned counsel for the petitioner would submit that petitioner has been appointed vide order dated 04.10.2023 on the post of Chief Executive Officer at Janpad Panchayat, Gurur, District-Balod, CG. He is on probation for three years, and probation period is still continuing. As per Clause-13 of the appointment order dated 04.10.2023, as well as Clause-6.1 of the Transfer Policy dated 05.06.2025, employee who is on probation shall not be transferred. He would further submit that respondent-3 has been substituted in place of petitioner, and the petitioner, now apprehends that he would be transferred as and when respondent-3 comes and joins in his place. Therefore, he filed this petition. 3. On the other hand, learned State counsel opposes, and would submit that since there is ban for transferring an employee, who is on probation, petitioner cannot be transferred, and it is only his apprehension that as and when respondent-3 comes and joins in place of petitioner, he would be transferred. Hence, this petition is pre-mature, and no cause of action arise in favour of the petitioner. 4. Heard learned counsel for the parties, and perused the material annexed with the petition. 5. It is not in dispute that petitioner has not been transferred from the Office of Janpad Panchayat, Gurur, District-Balod. It is only petitioner’s apprehension that if respondent-3, who has been transferred vide order dated 30.06.2025 to Wps 8095 of 2025 3 Janpad Panchayat, Gurur, District- Balod comes and joins, he would be transferred from his present place of posting. When there is specific provision in the appointment order of the petitioner, as well as in the Transfer Policy, that employees who are on probation shall not be transferred, the apprehension of the petitioner is misconceived, and there is no cause of action arise in favour of the petitioner. 6. Accordingly, present petition is not maintainable, and it is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) JUDGE padma