1 2025:CGHC:45747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9374 of 2025 1 - Lokesh Sahu S/o Shri Kumar Sahu Aged About 35 Years Current Address Dubey House, Near Kendra Bindu, Soni Gali, Namanakala, Ambikapur, District Surguja Chhattisgarh Permanent Address Basant Vihar Colony, Gate No. 2, Gondwara, Raipur, P.O. Gudhiyari, District Raipur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, The Department Of Housing And Environment, Nava Raipur, Atal Nagar, Dist. Raipur Chhattisgarh 2 - Directorate Of Town And Country Planning Chhattisgarh, Indravati Bhavan Nava Raipur, Atal Nagar, Dist. Raipur Chhattisgarh 3 - Commissioner Of Town And Country Planning Chhattisgarh, Indravati Bhavan Nava Raipur, Atal Nagar, Dist. Raipur Chhattisgarh 4 - The Assistant Director Town And Country Planning, Ambikapur Chhattisgarh Regional Office Ambikapur, District - Sarguja Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Anurag Verma, Advocate For Respondent(s)/State : Mr. Aditya Tiwari, Panel Lawyer Hon’ble Shri Justice Ravindra Kumar Agrawal Order on Board VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.09.12 11:53:13 +0530 2 08/09/2025 1. The petitioner has filed the present writ petition claiming the following reliefs:- “10.1 This Hon'ble Court may kindly be pleased to direct the Respondent Authorities to consider the petitioner's representations as per circular dated 30/08/10 as well as law laid down in the matter of “Net Ram Yadav Vs. State of Rajasthan & others” reported in 2022(15) SCC 81 and decide the same within stipulated time OR may kindly be pleased to direct the respondent authorities to transfer the petitioner near his home town by considering his disability. 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 the petitioner is a differently abled employee, who suffered 73% of locomotor disability. He is posted as an Investigator at Town and Country Planning Department and posted at Ambikapur, District Surguja, and his permanent residence is at district Raipur. He would further submit that since the petitioner is suffering from 73% of locomotor disability, he may be posted at the place nearest to his permanent residence. The Hon’ble Supreme Court in the matter of “Net Ram Yadav v. State of Rajasthan and others” reported in 2022 (15) SCC 81 held that the physically disabled employee shall be posted as practically as possible to the nearest place of his residence. He would further submit that the 3 State Government has also issued circular on 30.08.2010, which also permits the disabled employee to be posted at the place of his home district as practically as possible. Therefore, in view of the said circular dated 30.08.2010 as well as in view of the ratio laid down by the Hon’ble Supreme Court in Net Ram Yadav’s case (supra), the petitioner may be posted at the nearest place of his residence. He also made his representations to the respondent No. 4 on 20.03.2025 and 28.05.2025, which have not been decided till date, and therefore, the respondent No. 4 may be directed to take a decision on his representations in accordance with law, within the stipulated time frame. 3. On the other hand, learned counsel for the State though opposes the submissions made by learned counsel for the petitioner on merits, however, he would submit that he has no objection, if a direction is being given to the authorities concerned to decide the representations of the petitioner in accordance with law within the stipulated time frame. 4. Considering the limited submissions made by learned counsel for the petitioner, the present writ petition is disposed of directing the respondent No. 4 to take a decision on the pending representations of the petitioner dated 20.03.2025 and 28.05.2025, in accordance with law, keeping in view the circular dated 30.08.2010 as well as judgment passed by the Hon’ble Supreme Court in the matter of Net Ram 4 Yadav’s case (supra) within two months from the date of receipt of a copy of this order. 5. The petitioner is directed to produce a copy of this order to the respondent No.4 within 02 weeks from today. 6. With the aforesaid observations, the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved