1 2025:CGHC:2762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7038 of 2024 Pradeep Kumar Yadav S/o Safedlal Yadav Aged About 44 Years R/o H. No. 462, Ward No. 14 Ramnagar, District- Sarangarh- Bhilaigarh, C.G. ... Petitioner versus 1 - State Of Chhattisgarh, Through Principal Secretary, Panchayat And Rural Development Department, Mantralay, Naya Raipur, C.G. 2 – Collector, Balodabazar-Bhatapara, Chhattisgarh 3 - Sub Divisional Officer, Balodabazar-Bhatapara, Chhattisgarh 4-Chief Executive Officer, Jila Panchayat Balodabazar-Bhatapara, Chhattisgarh ... Respondents For Petitioner : Shri Rohan Sharma, Advocate appears on behalf of Ms. Shivali Dubey, Advocate. For Respondents No.1 to 3/State : Ms. Nupur Trivedi, PL. For respondent No.4 : Shri Yashwant Singh, Advocate appears on behalf of Shri Navoday Singh, Advocate. For Caveator Prateek Pradhan : Shri Goutam Khetrapal, Advocate. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.01.20 11:04:23 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 16/01/2025 1. By way of this petition, the petitioner has sought the following reliefs- “(i)The Hon’ble Court be kindly be pleased Quash the impugned KRAMAN/576/PANCHA/ESTA./2024 dated 01/10/2024 issued by the respondent (Annexure P/1). (ii)The Hon’ble Court be kindly be pleased to direct the respondent authorities to allow the petitioner to work in the present place of posting. (iii)Any other order that may be deemed fit and just may also kindly be made including the cost of the petition.” 2. Learned counsel for the petitioner submits that the petitioner, who is holding the post of Secretary of Janpad Panchayat, Bilaigarh (now in District Sarangarh) has been transferred to Janpad Panchayat, Baloda Bazar by the CEO, Zila Panchayat - Baloda Bazar-Bhatapara vide order dated 01/10/2024. He further submits that the CEO, Zila Panchayat has the authority to transfer a Secretary of a Gram Panchayat within a district but in the present case, the petitioner has been transferred out of the district. He also submits that the decision taken by respondent No. 4 is erroneous and contrary to service rules applicable to the petitioner. 3. On the other hand, learned counsel appearing on behalf of respective respondents would oppose. They submit that the order was passed on 01/10/2024 and at that time Zila Panchayat Sarangarh was not in existence and panchayats of Bilaigarh were within the control and supervision of the CEO, Zila Panchayat, Balodabazar, therefore, 3 decision was taken by the said authority to transfer the services of the petitioner from one Gram Panchayat to another within the district and there is no violation of the statutory rules. 4. Heard learned counsel for the parties and perused the documents/ material available on the record. 5. Admittedly, the petitioner has been transferred from District Sarangarh- Bilaigarh to District Balodabazar, whereas he was initially appointed within the territory of District Sarangarh. Once the services of the petitioner are transferred from one district to another, he would be the employee of the transferred district and it would be difficult for the petitioner to get transferred to his home district. The impugned transfer order was issued on 01/10/2024 and at that time Zila Panchayat, Sarangarh was not in existence but now it has been constituted and a CEO has been appointed. It is also informed that the petitioner has already complied with the transfer order. 6. Taking into consideration the above-discussed facts, the petitioner is permitted to make a representation before respondent No. 1, who in turn, is directed to pass an appropriate order in an objective manner keeping in mind the fact that the petitioner has been transferred from one district to another district. The entire exercise shall be completed by the concerned authority within a period of 60 days from the date of receipt of a copy of this order. 7. Accordingly, the instant writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad ) gouri Judge