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2025 DAILYLAW 42082 (CHH)

DR. MADAN LAL KURRE v. STATE OF CHHATTISGARH

WPS/10515/2025 · 2025-09-16

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:47691 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10515 of 2025 Dr. Madan Lal Kurre S/o Late Ghasiya Ram Kurre Aged About 48 Years Working As Sports Officer At Shaheed Gundadhoor College Of Agriculture And Researce Station, Kumhrawand, Jagdalpur, District- Jagdalpur At Bastar ( C.G. ). ... Petitioner(s) versus 1. State of Chhattisgarh Through- Principal Secretary Ministry Of Higher Education Department, Mahanadi Bhawan, Atal Nagar, Mantralay, New Raipur, District- Raipur Chhattisgarh. 2. Vice Chancellor Indira Gandhi Krishi Vishwavidyalaya Krishak Nagar, Raipur, District Raipur ( C.G. ). 3. The Registrar Indira Gandhi Krishi Vishwavidyalaya Krishak Nagar, Raipur, District- Raipur ( C.G. ). ... Respondent(s) For Petitioner(s) : Mr. Tapan Chandra, Advocate For Respondent(s) : Mr. Suyashdhar Badgaiyan, Dy. GA For Respondent 2 and 3 : Mr. Shashank Thakur, Advocate Hon’ble Shri Justice Narendra Kumar Vyas Order on Board 17/09/2025 1. The petitioner has filed this petition assailing the order dated 18.07.2025 by which his service has been attached from Shahid Gundadhur Krishi SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.09.18 10:27:30 +0530 2 Mahavidyalaya and Research Center Jagdalpur to Lingo Mudiyal College of Agriculture and Research station Narayanpur. 2. Counsel for the petitioner would submit that in the transfer policy does not provide any attachment and even the government has depreciated the practice of attaching the government servant and would pray for quashing of the impugned order so far as it relates to the petitioner. 3. Counsel for the University would submit that the University is the autonomous body and the circular of attachment issued by the Government of Chhattisgarh which is not applicable to the employee as the University is an autonomous body and the circular with respect to the posting and transfer of the employee issued by the Government of Chhattisgarh is not applicable to the University and looking to the administrative exigencies he has been attached therefore, there is no ground is available to the petitioner to challenge the order of attachment and on the administrative exigencies he has been attached at Lingo Mudiyal College Narayanpur, therefore, policy is not applicable to the petitioner. He would further submit Narayanpur Agricultural College has recently been established in the year 2019 which required sport activity also and the petitioner is posted for last 14 years at a particular post, therefore, for batter administration, his service is attached at Narayanpur Agricultural College and would pray for dismissal of the petition. 4. I have heard learned counsel for the petitioner and perused the record. 5. Considering the facts & circumstances of the case, it is well settled principle of law that the petitioner cannot insist to remain posted in a particular place of posting for a particular period or for the entire service period as transfer is exigency of service and the petitioner has already 3 remained there for 14 years at the same place, therefore, in light of judgment of Hon’ble Supreme court in the case of SK Naushad Rahaman & Other Vs. Union of India & Other 2020 (12) SCC 1 wherein the Hon’ble Supreme Court has held that the transfer policy does not confer any right to the government servant to remain posted at one place for ever, as such I am of the view that the impugned order dated 18.07.2025 does not suffer from perversity or illegality, therefore, the petition deserves to be dismissed and it is dismissed. No order as to cost. Sd/- (Narendra Kumar Vyas) Judge Santosh