1 2025:CGHC:46337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8070 of 2022  Vishnu Bhuwan Kaiwart S/o Goukaran Prasad, Aged About 35 Years Working As Rural Health Organizer (Male), Sub Health Centre, Maladand Marwahi, Block - Marwahi, District - Gaurela - Pendra - Marwahi Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya Atal Nagar, New Raipur, District - Raipur, Chhattisgarh. 2. The Under Secretary Department Of Health And Family Welfare, Mantralaya Atal Nagar, New Raipur, District - Raipur, Chhattisgarh 3. The Chief Medical And Health Officer, District - Gaurela - Pendra - Marwahi Chhattisgarh 4. The Collector, District - Gaurela - Pendra - Marwahi Chhattisgarh ... Respondent(s) For Petitioner : Mr. Resham Lal Jaiswal, Advocate For State : Mr. Shubham Bajpayee, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10. 09.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside/quashing the impugned order dated 30.09.2022 (Annexure P/1) so far it relates to placement of petitioner and further be pleased to direct the respondent authorities to allow the petitioner to continue at her present place of posting. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.12 10:35:32 +0530 2 including award of the costs of the petition may be given.” 2. Learned counsel for the petitioner would submit that vide impugned order dated 30.09.2022, the services of the petitioner were transferred from Sub- Health Center, Maladand, Block Marwahi, District Gourela-Pendra-Marwahi to Sub-Health Center, Khandgawan, Block Pratappur, District Surajpur, and thus, he was transferred out of division. He would further submit that the petitioner is Class-III employee and their seniority is maintained at divisional level and thus, he cannot be transferred out of division. He would contend that the transfer would affect service conditions of the petitioner. 3. On the other hand, learned counsel for the State/respondents would oppose. He would submit that according to Clause 2.7 of the circular dated 12.08.2022, services of the petitioner were transferred from one division to another division. He would contend that this petition deserves to be dismissed. 4. Admittedly, the seniority of Class-III employee is maintained at division level. The services of the petitioner were transferred from Division – Bilaspur to Division – Surguja and there is no justification in the returned filed by the State, in this regard. 5. Considering the fact that the appointing authority of the Rural Health Organizer is Chief Medical and Health Officer of a District, thus, it can be inferred that seniority of Rural Health Organizer is maintained at District/Divisional level, and in the present case, the petitioner has been transferred out of division; therefore, the transfer order pertaining to the petitioner is hereby quashed. The respondent authorities would be at liberty to issue a fresh transfer order, strictly in accordance with the law, if so advised. 6. Interim order granted earlier is hereby vacated. 3 7. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant