1 2025:CGHC:11502 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8024 of 2024 1 - Anuradha Arya D/o Parshuram Arya Aged About 45 Years R/o A - 26, Shashi Memorial Nursing Home, Rajkishore Nagar, Lingiyadih, Bilaspur Presently Posted As Child Department Project Officer, Project Officer Takhatpur - 2, Sakri, Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - Upper Secretary Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 3 - Director Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 4 - Chhattisgarh State Election Commission F - 76, Section - 19, Kotara Bhantha, Atal Nagar, Nava Raipur Chhattisgarh Through Secretary. Digitally signed by RAGHVENDRA JAT 2 5 - The Collector Bilaspur Cum District Election Officer, District Bilaspur Chhattisgarh. 6 - The Project Officer Takhatpur (Sakari), District Bilaspur. 7 - Ms. Jyoti Tiwari Child Development Officer Government Girls Hostel, Bilaspur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Harsh Wardhan, Advocate. For Respondent(s)/ State : Ms. Poorva Tiwari, Panel Lawyer. For Respondent No. 7 : Mr. Ravi Kumar Bhagat, Advocate on behalf of Mr. Abhishek Singh, Advocate . Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/03/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be issue to call for the records. 10.2 That, this Hon'ble Court may kindly be pleased to setaside the impugned transfer order dated 29.11.2024(ANNEXURE P/3)to the extent that it transfers 3 the petitioner from the Sakri, Takhatpur to Ramanujnagar, Surajpur. 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief which the Hon'ble Court deems fit and proper in the facts and circumstances of the present case along with cost of the petition to the petitioner.” 2. Facts of the case, is that, the petitioner was initially appointed on the post of Child Development Project Officer as per the recruitment conducted by the CGPSC, 2008. Thereafter, the petitioner has been transferred in the way back 2019 to Kondagaon i.e. a naxalite effected scheduled area, thereafter, on 09.06.2022, the petitioner has been transferred from Kondagaon to present place of posting i.e. Project Officer, Sakri, District- Bilaspur. Since 2022 the petitioner has remained posted at Sakri, Takhatpur until recently when the impugned order dated 29.11.2024. She has been illegally transferred from Sakri, Takhatpur to far of place Ramanujnagar, District Surajpur allegedly on administrative grounds. The petitioner has discharged her duties to the utmost satisfaction of the respondents with all sincerity, devotion and hard work. It is pertinent to mention here that during this period the petitioner has already witnessed her divorce, death of mother after long 4 treatment of cancer and her own health problems. The petitioner has not suffered any major or minor penalty and has an unblemished record. It is pertinent to mention that the petitioner herein as per the present gradation list is now at Sl. No. 4 and is likely to be promoted to the next higher post of the Deputy Director within a short span of 6 months needless to mention that on promotion she would be obviously transferred again to a new place of posting, therefore, it is highly problematic and unjust to face the current transfer to Surajpur in the light of the impugned transfer order. The impugned transfer order issued by the respondents is illegal and contrary to the policy issued by the State Government itself. In the present case petitioner has already been appointed as a Assistant Returning Officer in the upcoming panchayat election by the District Election Officer on 25.11.2024. Thus, the petitioner has been transferred without the permission of the Election Commission and would hamper the important election work assigned to the petitioner. It is already provided in the circulars that the government servants who have been assigned election duty are not liable to be disturbed/transferred without the permission of the Election Commission. It is humbly submitted that the petitioner is a divorcee and is residing with her old father who is of old and aged about 75 years and is required to look after him as there is 5 no other family member available at home. The petitioner herself is undergoing medical treatment since past few months and as per the advise of doctor she is required to take rest and regular required treatments locally. The petitioner has made a representation before the respondents for sympathetic consideration of her genuine case against impugned transfer order through representation has been made but as informed no proper action is likely to be taken timely and the petitioner could be relieved and forced to join on new place. In the light of the impugned transfer order the petitioner has been sent far away away and she would not be in a position to look after his father and continue her treatment also which would be unjustice to the petitioner in this stage. The petitioner would be promoted and posted at a new place of posting, therefore, the transfer of the petitioner in these facts and circumstances is liable to be interfered with by this Hon'ble Court. It is humbly submitted that till date the petitioner has not been relieved and the petitioner has not handed over her charge as she is already going undergoing medical treatments. However, in the light of new directions issued by the department the employees are required to join immediately after transfer else they would be liable for disciplinary action. 6 3. Learned counsel for the petitioner submits that the petitioner who is a Child Development Project Officer, vide order dated 29.11.2024, has been transferred from Sakri Takhatpur to Ramanujnagar, District- Surajpur on administrative basis. He further submits that vide order dated 25.11.2024 the petitioner has already been entrusted with a responsibility for the forthcoming election of Panchayat bodies. He further submits that without permission of the Election Commission the petitioner has been appointed as Assistant Returning Officer. Hence, the instant petition for quashing the transfer order dated 29.11.2024. 4. On the other hand, learned State counsel has submitted that the impugned transfer order has been issued on administrative ground which is in accordance with transfer policy issued by the State Government. 5. On the other hand, learned counsel for respondent No. 7 submits that the petitioner was appointed as Assistant Returning Officer in the Panchayat Election which was completed on 23.02.2025, therefore, there is no ground or reason for the petitioner to stay their present place of posting i.e. Sakri. He further submits that the transfer order has been issued on administrative ground in accordance with transfer policy issued by the State Government. Therefore, the present writ petition is liable to be dismissed. 7 6. I have heard learned counsel for the parties and perused the material available on record. 7. The transfer is an exigency of service and the petitioner being a government servant cannot escape from being transferred by the department in view of the requirement and administrative exigency arising from time to time. Having considered the grounds raised by the petitioner and the contentions put-forth by learned counsel appearing for the parties, this Court does not find any cogent ground to interfere with the impugned transfer order of the petitioner. There is nothing to hold the transfer of the petitioner to be improper. 8. Considering the facts and circumstances of the case since the election of the local bodies has already been concluded as such the ground raised by the petitioner is at present does not exist. 9. Thus, the writ petition is dismissed. The order passed by this Court on 06.12.2024 staying the effect and operation of the impugned order dated 29.11.2024 with regard to the petitioner stands vacated. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat