1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 751 of 2025 1 - Uttam Prasad Paikra S/o Shri Arjun Singh Aged About 61 Years Working On The Post Of Forest Sub Divisional Officer, Janakpur, Division Manendragarh, Dist. - Manendragadh-Chirmiri-Bharatpur, Chhattisgarh, (Petitioner In Wps No. 8040/2025) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Forest And Climate Change Department, Ministry At Mahanadi Bhawan, New Raipur, P.S. Rakhi, District Raipur, Chhattisgarh, (Res No. 1 To 5 Respectively In Wps No. 8040/2025) 2 - Principal Chief Conservator Of Forest Aranya Bhawan, Atal Nagar, Naya Raipur, Dist. Raipur Chhattisgarh 3 - Chief Conservator Of Forest Surguja Circle, Pratappur Road, Ambikapur, Dist. - Surguja Chhattisgarh 4 - Divisional Forest Officer Manendragarh Division, J K D Road, Manendragarh, Dist. - Manendragadh-Chirmiri-Bharatpur Chhattisgarh 5 - Laxminarayan Forest Sub Divisional Officer, Manendragarh, Division - Manendragarh, Dist. - Manendragadh-Chirmiri-Bharatpur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Jai Prakash Shukla, Advocate. For Respondent(s) : Mr. Arvind Dubey, Govt. Advocate. For Respondent No. 5/Caveator. : Ms. Priyanka Rai, on behalf of Mr. Shashank Thakur. Advocate. Hon'ble Shri Justice R avindra Kumar Agrawal, J. Order on Board 25/07/2025 ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.08.05 19:00:48 +0530 2 1. This is an application for modification/ correction of the order dated 21.07.2025, passed by this Court in WPS No. 8040 of 2025 (Uttam Prasad Paikra v. State of Chhattisgarh and others). 2. In the writ petition, the petitioner has claimed for quashing his transfer order dated 30.06.2025 with respect to the petitioner and respondent No. 5 and also a direction to decide representation dated 03.07.2025 pending before the authorities against his transfer order. On 21.07.2025 the matter came up for hearing before this Court and the writ petition is disposed of directing the petitioner to make fresh representation before the concerned authorities as provided under Clause 8 of the transfer policy dated 05.06.2025 and it is also directed that till the decision of the representation status quo as obtained today shall be maintained by the parties. 3. Due to inadvertence, a wrong order has been uploaded in WPS No. 8040 of 2025, which is with respect to the rationalization instructions. Therefore, in the order dated 21.07.2025 passed in WPS No. 8040 of 2025, the following shall be deleted. “1. By way of this writ petition, the petitioner is challenging the impugned transfer order and action of the respondents, whereby the petitioner has been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner would submit that the petitioner has not joined at his transferred place. It is further submitted that list of surplus Teachers published by the respondents is against the Rationalization Instructions and the same is 3 arbitrary, as no proper opportunity of hearing was given to the petitioner, and if the petitioner is not granted relief, he will suffer with irreparable loss. Learned counsel for the petitioner would further submit that the petitioner still want to pursue his representation before the concerned authorities to redress his grievances. 3. Learned counsel for the State would submit that after due verification of records, the petitioner has been transferred under the Rationalization Instructions issued by the State Government. It is further submitted that, if the petitioner is having any grievance, he may move fresh representation before the concerned District/Divisional Rationalization Committee and the Committee will take a decision on his representation, in accordance with law, within a stipulated period. 4. Learned counsel for the Respondent No. 5/ Caveator would submit that in compliance of the order dated 30.06.2025 which has been annexed at Page -12 of the petition, the Respondent No. 5 has joined at his transferred place of posting. 5. I have heard learned counsel for the parties and perused the pleadings and documents. 6. In view of submissions made by learned counsel for the parties, the petitioner is directed to make a fresh representation before the concerned District/Divisional Rationalization Committee within a period of 05 days from today, and thereafter, the Committee shall decide the same within a further period of 05 days from the date of receipt of representation, in accordance with law, in objective manner till then the status quo shall be maintained, as on today. 7. With the aforesaid observation and direction, the present writ petition stands disposed of.” 4 4. After deletion of the aforesaid order, following shall be substituted and read as the order dated 21.07.2025, in WPS No. 8040 of 2025, as under:- “1. Challenge in this petition is the order of transfer dated 30.06.2025 whereby the petitioner has been transferred from Janakpur to Manendragarh. 2. Learned counsel for the petitioner would submit that against the said transfer order the petitioner has already made representation which is still pending before the transfer committee, therefore, petitioner may be permitted to pursue the remedy of representation before the concerned authority. 3. The submission made by learned counsel for the petitioner is not opposed by learned State counsel. 4. I have heard learned counsel for the parties and perused the documents annexed with the petition. 5. As per Clause 8 of the transfer policy dated 05.06.2025, there is in-house remedy for making representation against the transfer order before the transfer committee who will consider the grievance of the petitioner in accordance with law. Clause 8 of the said transfer policy dated 05.06.2025 is reproduced as below: “8. स्थानांतरण से व्यथि त शासेकीय से वकी द्वार अपनां स्थानांतरण की विवरूद्ध अभ्यव दनां की वल स्थानांतरण नांवित की उल्लघनां हो!नां पर हो उक्त उल्लघनां हो!नां वल की वि#की की सेबंध में' स्पष्ट आधर+ की से स्थानांतरण आद शा जार हो!नां की वितथि से 15 दिदवसे की भीतर प्रश्नाधनां स्थानांतरण आद शा की प्रवित सेविहोत शासेनां द्वार गदि2त वरिरष्ठ सेथि5व+ की सेमिमेंवित की सेय!जाकी एव सेथि5व, सेमेंन्य प्रशासेनां विवभीग की! प्रस्त:त विकीय जा सेकी ग। सेमिमेंवित द्वार ऐसे प्रकीरण+ की इसे स्थानांतरण नांवित की प्रकीशा में' परक्षण कीरनां की पश्चात अपनां अनां:शासे सेबंथिधत विवभीग की! प्र वि@त की जाएग।” 5 6. Be that as it may, since in-house remedy has been provided to the employee concerned to raise the grievances before the transfer committee against transfer order, this court deem it appropriate to direct the petitioner to move fresh representation before the transfer committee along with copy of this order within a week from the date of receipt of copy of this order and the transfer committee, in turn, shall take a decision on the representation so made by the petitioner in accordance with law in an objective manner and pass a reasoned order on its own merits within a further period of two weeks. 7. The petitioner is directed to produce a copy of this order within a week from today to the said transfer committee. 8. Since the respondent No.5/Caveator would submit that in compliance of the order dated 30.06.2025 which has been annexed at Page -12 of the petition, the Respondent No. 5 has joined at his transferred place of posting, it is directed that till the decision of the representation of the petitioner the parties shall maintain status quo as obtained today. 9. The writ petition accordingly stands disposed of with the aforesaid observation and direction.” 5. With the aforesaid modification, the present MCC is allowed. 6. A copy of this order be placed in the record of WPS No. 8040 of 2025 and be read as a part of the order dated 21.07.2025, passed in WPS No. 8040 of 2025. Sd/- (Ravindra Kumar Agrawal) Judge Alok