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2025 DAILYLAW 45148 (CHH)

ALOK KUMAR SHARMA v. STATE OF CHHATTISGARH

WPS/7972/2024 · 2025-07-15

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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2025:CGHC:33406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7972 of 2024 Alok Kumar Sharma S/o Parmanand Sharma Aged About 34 Years R/o Sector - 17, Atal Nagar Nawa Raipur District - Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Principal Secretary Panchayat And Rural Development Department Mantralaya Atal Nagar New Raipur District - Raipur (C.G.) 2 - The Under Secretary Panchayat And Rural Development Department Mantralaya Atal Nagar New Raipur District - Raipur (C.G.) 3 - The Derector Directorate Of Pachayat 36 - C - Ii Block - 2, Second Floor Indravati Bhawan Nawa Raipur Atal Nagar District - Raipur (C.G.) ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Goutam Khetrapal, Advocate For Respondents/State : Shri Suyash Dhar Badgayya, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 16.07.2025 1. Petitioner has filed this petition for the following reliefs: “10.1 That this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby setting aside/quashing the impugned dated 26.11.2024 (Annexure P/1) so far it relates to petitioner and further be pleased to direct the respondent authorities to allow the petitioner to continue at his 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 including award of the costs of the petition may be given.” Digitally signed by V PADMAVATHI Date: 2025.07.19 16:37:56 +0530 Wps 7972 of 2024 2 2. Learned counsel for the petitioner would submit that by the impugned transfer order dated 26.11.2024, Annexure P1, petitioner’s services have been transferred from the office of Director, Panchayat, Raipur, to the Office of Deputy Director, Panchayat, District-Janjgir-Champa. Petitioner is having numerous family responsibilities, and due to ailment of his family members, he is having difficulty to join at his transferred place of posting, for which he filed this petition, challenging his transfer order dated 26.11.2024. In the present writ petition, there is an interim order dated 06.12.2024, passed in favour of the petitioner, staying the effect and operation of the transfer order dated 26.11.2024 till the next date of hearing. 3. Transfer is a condition of service, and one cannot claim to remain posted at the same place of posting forever, in the garb of interim order. Further, considering the issue involved in the present petition, it would meet the ends of justice that, the impugned transfer order with respect to petitioner’s transfer may be quashed, and liberty is reserved to the respondent/State to place the petitioner in accordance with the administrative exigency, looking to his work, and present place of posting. 4. Accordingly, present writ petition is allowed. The impugned transfer order dated 26.11.2024, with respect to transfer of present petitioner from the office of Director, Panchayat, Raipur, to the Office of Deputy Director, Panchayat, District- Janjgir-Champa is hereby quashed. 5. The respondent/State is at liberty to consider the place of posting of the petitioner in accordance with law, and administrative exigency. 6. With aforesaid observation, present petition stands allowed. Sd/- (Ravindra Kumar Agrawal) JUDGE padma