2025:CGHC:47970 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10839 of 2025 1 - Khuleshwar Sinha (Posted As Assistant Grade- III, Office Of Executive Engineer, Water Resources Division, Gariyaband) S/o. Late Ashok Kumar Sinha, Aged About 34 Years, R/o 841, Ward No. 13, Kumhar Para, Gariyaband, District Gariyaband (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, General Administration Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, New Raipur, District Raipur (C.G.) 2 - Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, New Raipur, District Raipur (C.G.) 3 - Under Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, New Raipur, District Raipur (C.G.) 4 - Chief Engineer, Water Resources Division, Gariyaband, District Gariyaband (C.G.) 5 - Executive Engineer, Water Resources Division, Gariyaband, District Gariyaband (C.G.) 6 - Additional Chief Secretary, Home And Jail Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 492002. (Chairman Of Committee Of Senior Secretaries) 7 - Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 492002. (Committee Member Of Senior Secretaries) 8 - Secretary In-Charge, General Administration Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 492002. (Member Secretary Of Committee Of Senior Secretaries) ... Respondents For Petitioner : Ms. Nupur Trivedi, Advocate. For State : Mr. Sabyasachi Choubey, Panel Lawyer. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 18/09 /2025 1. The petitioner who is working as Assistant Grade-III has filed this petition assailing order dated 30.06.2025 by which he has been transferred from office of Executive Engineer, Water Resources ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.09.19 11:26:24 +0530 Division, District- Gariyaband to the office of Executive Engineer, Water Resources Division, District- Sukma and also order dated 08.08.2025, by which representation preferred by the petitioner has been rejected. 2. Learned counsel for the petitioner would submit that the petitioner has been appointed on the post of Assistant Grade-III on compassionate ground vide order dated 16.03.2020 and posted in the office of Executive Engineer, Water Resources Division, District- Gariyaband where he has discharged his duty with utmost satisfaction to the department. She would further submit that his sister has some serious ailments and no one is in the family to look after her and he has been transferred to Sukma which is 445 Km. away from his present place of posting. She would further submit that the Executive Engineer & Superintending Engineer have recommended before Chief Engineer for cancelling the transfer of the petitioner stating that the work of the present place will hamper due to transfer of the petitioner. She would further submit that in pursuance of the direction issued by this Court vide order dated 21.07.2025 in WPS No. 7857/2025, the petitioner preferred representation before the committee but the said representation has been rejected by the committee and would pray for quashing of the impugned transfer order dated 30.06.2025. 3. On the other hand, learned State counsel would submit that petitioner is posted for more than 5 years in the present place of posting and no employee can insist for a particular place of posting of his/her entire service period, as such, the transfer order is just and proper and does not warrant any interference by this Court and would pray for dismissal of the writ petition. 4. I have heard learned counsel for the parties and perused the documents placed on record with utmost satisfaction. 5. Considering the well settled legal position that no employee can insist for a particular place of posting of his/her entire service period, I am not inclined to entertain the instant writ petition challenging impugned transfer order dated 30.06.2025. 6. It is well settled principle of law that the personal difficulties of a person can be looked into by the employer. Hon'ble the Supreme Court in SK Nausad Rahaman & others Vs. Union of India & others [(2022) 12 SCC 1], has held at paragraph 53 as under:- “53. In considering whether any modification of the policy is necessary, they must bear in mind the need for a proportional relationship between the objects of the policy and the means which are adopted to implement it. The policy above all has to fulfill the test of legitimacy, suitability, necessity and of balancing the values which underlie a decision making process informed by constitutional values. Hence, while upholding the judgment of the Division Bench of the Kerala High Court, they leave it open to the respondents to revisit the policy of accommodate posting of spouses, the needs of the disabled and compassionate grounds. Such exercise has to be left within the domain of the executive, ensuring in the process that constitutional values which underlie Articles 14, 15 and 16 and Article 21 of the Constitution are duly protected.” 7. Considering the submission made by learned counsel for the petitioner, the personal difficulties raised by the petitioner as well as the law laid down by Hon'ble the Supreme Court in SK Nausad Rahaman (Supra), the petitioner is directed to make afresh representation before the concerned authorities within three weeks from the date of receipt of copy of this order who will decide the representation of the petitioner in accordance with law expeditiously. 8. With the aforesaid observations and directions, the instant writ petition stands disposed of. Sd/- (Narendra Kumar Vyas) Judge Arun