2025:CGHC:49317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11492 of 2025 1 - Mohan Lal Sonkar S/o Thakur Ram Sonkar Aged About 35 Years Presently Posted And Working As Project Range Officer, Industrial Plantation Division, Raigarh, Distt- Raigarh (C.G.) ... Petitioner(s) versus 1 - Managing Director Chhattisgarh, State Forest Development Corporation Limited Block- A, Sector- 24, Nava Raipur, Distt- Raipur ---- Respondent(s) For Petitioner : Mr. S. Majid Ali, Advocate For Respondents/State : None Hon'ble Shri Ju stice Narendra Kumar Vyas Order on Board 25.09.2025 1) The present petition has been filed by the petitioner assailing his transfer order dated 18.09.2025 whereby the petitioner has been transferred from the Industrial Plantation Division, Raigarh to the Sarguja Project Division, Ambikapur at Kudargarh Range. 2) Learned counsel for the petitioner would submit that the petitioner is having some personal difficulties. He is suffering stage II cancer therefore, he will face difficulties on joining at the transferred place. 3) Let the petitioner submit representation before the concerned authorities mentioning his personal difficulties, which inturn the respondent authority will decide as per the law laid down by the KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.09.26 14:17:57 +0530 Hon'ble Supreme in the matter of SK Naushad Rahaman & Other Vs. Union of India & Other [2022 (12) SCC 1] wherein Hon’ble Supreme Court has observed 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 we uphold the judgment of the Division Bench of the Kerala High Court, we leave it open to the respondents to revisit the policy to accommodate posting of spouses, the needs of the disabled and compassionate grounds. Such an 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. The appeals shall be disposed of in the above terms” 4) It is directed that if the petitioner submits his representation within 2 weeks from the date of receipt of copy of this order, the same shall be decided by the respondents within further 4 weeks as per SK Naushad Rahaman (supra) till then the effect of the transfer order so far as it relates to the petitioner shall remain stayed. 5) With the aforesaid observations & directions, this petition is disposed of. -Sd/- (Narendra Kumar Vyas) Judge Deshmukh