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2025 DAILYLAW 37474 (CHH)

SMT. ARTI SHRIVAS v. STATE OF CHHATTISGARH

WPS/8989/2025 · 2025-08-03

Shri Ravindra Kumar Agrawal

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Judgment text

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2025:CGHC:38523 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8989 of 2025 Smt. Arti Shrivas W/o Shri Ravindra Kumar Shrivas Aged About 37 Years R/o C/o Ravindra Kumar Shrivas, 510, Ward No. 10, Vaishnav Nagar, Korba, Distt- Korba C.G., Presently Posted At Aria Manager, Chhattisgarh Rajya Seed And Agriculture Development Nigam Limited, Dharampura, Bilaspur Road Mungeli, Distt- Mungeli C.G ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Seed And Agriculture Development Department, Mantralaya, Nava Raipur, Distt. Raipur C.G. 2 - The General Manager Chhattisgarh Rajya Seed And Agriculture Development Department, Beej Bhavan, Telibandha, Post- Ravigram, Raipur, Distt- Raipur C.G. 3 - The Managing Director, Chhattisgarh Rajya Seed And Agriculture Development Department, Headquarter Raipur, Distt- Raipur C.G. 4 - The President Chhattisgarh Rajya Seed And Agriculture Development Department, Headquarter Raipur, Distt- Raipur C.G. 5 - Chhattisgarh Rajya Seed And Agriculture Development Department, Through The District Manager, Chhattisgarh Rajya Seed And Agriculture Development Nigam Limited, Dharampura, Bilaspur Road Mungeli, Distt- Mungeli C.G. 6 - Namrata Tiwari Sub-Manager/district Manager, Chhattisgarh Rajya Seed And Agriculture Development Nigam Limited, District Office Mungeli, Distt- Mungeli C.G. ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Keshav Dewangan, and Shri Rajendra Chandrawanshi, Advocates For Respondents/State : Shri S Choubey, PL For Respondents-2 to 5 on advance copy : Shri Animesh Tiwari, Advocate ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 04.08.2025 1. Petitioner has filed the present petition challenging her transfer order dated 14.07.2025 (Annexure P1), and claiming the following reliefs: Digitally signed by V PADMAVATHI Date: 2025.08.05 14:57:22 +0530 Wps 8989 of 2025 2 “10.1 To call for the records of the case for kind perusal of this Hon’ble Court. 10.2 to issue an appropriate writ or order and declare that order dated 14.07.2025 (Annexure P1) is illegal and bad. 10.3 To issue an appropriate writ or order and quash the transfer order dated 14.07.2025 (Annexure P1). 10.4 That, this Hon’ble Court may kindly be pleased to allow this petition and permit the petitioner to continue her service in original place. 10.5 Any other relief deemed fit in the facts and circumstances of the case may also be granted.” 2. Learned counsel for the petitioner would submit that on a complaint being made by the villagers of Jilla Panchayat, District-Mungeli, petitioner has been transferred from Dharampura, District-Mungeli, to the Head Quarter Nawa Raipur. In her place, Sub-Manager/ District Manager of the Chhattisgarh Rajya Beej Evam Krishi Vikas Nigam Limited, District Office-Mungeli has been given additional charge of Dharampura area. Petitioner is having two minor children, who are studying at Mungeli, and her husband is also suffering from Slip-disk. She submitted her representation on 21.07.2025 before respondent-3, and on 16.07.2025 before respondent-4 but either of her representations has been decided till date. Hence, the authorities concerned may be directed to consider the pending representations in accordance with law, within the stipulated time frame. 3. On the other hand, learned counsel for respondents-2 to 5 appearing on advance copy would submit that there is provision of appeal in the department rules against the impugned transfer order, and the petitioner has not availed the same. However, her representation dated 16.07.2025 which has been annexed in the writ petition can be considered as an appeal, pending before the Chairman, Chhattisgarh Wps 8989 of 2025 3 Rajya Beej Evam Krishi Vikas Nigam Limited, Nawa Raipur, and the authorities may be directed to take decision on the said appeal within the stipulated time frame, in accordance with law. He further submits that petitioner has already been relieved on 1st of August, 2025. 4. Having considered the rival submissions of learned counsel for the parties, and in the facts and circumstances of the case, present writ petition is disposed of directing respondent-4 to decide the pending representation dated 16.07.2025, moved by the petitioner, in accordance with law on its own merits within 10 days from the date of receipt of copy of this order, as per applicable rules and Circulars of the department. 5. Petitioner is directed to produce copy of this order to respondent-4 within three days from today. 6. Till the decision on representation/appeal of the petitioner, the impugned transfer order dated 14.07.2025, Annexure P1 shall be kept in abeyance. 7. With aforesaid observation, present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma