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2025 DAILYLAW 39415 (CHH)

S.K. MARKAM v. THE STATE OF CHHATTISGARH

WPS/8204/2023 · 2025-08-31

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:44469 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8204 of 2023 1 - S.K. Markam S/o Late G.R. Markam Aged About 60 Years Occupation Government Service, Presently Posted As Chief Executive Officer At Janpad Panchayat Sitapur, District Sarguja (C.G.), Permanent R/o Mouhapara, Near Shiv Mandir Ambikapur, District Surguja (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Scheduled Tribe And Scheduled Caste Development, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Commissioner Scheduled Tribe And Scheduled Caste Development, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 3 - The Collector District Sarguja (C.G.) 4 - L.N. Sidar S/o Shri Ghansi Ram Sidar Aged About 53 Years Occupation- Government Service, Presently Posted As Chief Executive Officer At Janpad Panchayat- Batauli, District Sarguja (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Roop Naik, Advocate For Respondent(s) : Mr. Devesh G. Kela, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Order on Board 01/09/2025 1. This petition is preferred against orders dated 05.10.2023. 2. By way of this petition, the petitioner has prayed for following reliefs:- "10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/ order to quash/set-aside the impugned transfer order dated 5.10.2023 issued by the respondent No. 3 whereby the petitioner has been transferred from Janpad Panchayat Sitapur, District- Sarguja to office of Project Administrator, Integrated Adiwasi Development Project-Ambikapur (SL No. 3) and the respondent No. 4 has been transferred from Janpad Panchayat Batauli, District-Sarguja (C.G.) to Janpad Panchayat- Sitapur, District-Sarguja (C.G.) (SL. No. 2). (Annexure P-1). 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/ direction against the respondent authorities to allow the petitioner to work at his present post and place of posting i.e. Janpad Panchayat- Sitapur, District Sarguja (C.G.) 10.3 That, any appropriate writ, direction or order may kindly be passed in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case." 3. Vide order dated 13.10.2023, the petitioner was granted stay by 3 this Court. 4. Considering the aforesaid aspect of the matter and considering the fact that on the strength of the aforesaid stay order, the petitioner is still continuing at his original place of posting, as such, by the afflux of time the said orders, has lost its efficacy and as such the order(s) dated 05.10.2023 is required to be quashed and accordingly the said order under challenge is hereby quashed. 5. However, liberty is granted to the respondent State authorities to pass appropriate orders in respect of transfer of the petitioner, in case exigency arises, without being influenced by this order. 6. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena