1 2025:CGHC:1427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 133 of 2025 1 - Arun Kumar Rawani S/o Shri Rambriksha Ram Aged About 58 Years Occupation Service, Presently Posted As Assistant Grade - Ii At Office Of Sub Divisional Officer (Revenue) Patthalgaon, District Jashpur Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Revenue And Disaster Management Department Mantralaya Mahanadi Bhawan Capital Complex Naya Raipur, District Raipur Chhattisgarh. 2 - Commissioner Surguja Division Ambikapur, District Surguja Chhattisgarh. 3 - Collector Jashpur, District Jashpur Chhattisgarh. 4 - Sharad Kashyap Assistant Grade - II, Tahsil Office Sanna, District Jashpur Chhattisgarh. ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Sunil Sahu, Advocate For State/Respondent(s) : Ms. Akanksha Verma, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad, J Digitally signed by RAVI SHANKAR MANDAVI 2 Order on Board 09/01/2025 1. Heard Mr. Sunil Sahu, learned counsel for the petitioner as well as Ms. Akanksha Verma, learned Panel Lawyer for respondent/s. 2. By this petition, this petitioner has sought following relief : “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ by quashing the order impugned dated 16.12.2024 (Annexure P-1) which relates to petitioner. 10.2 That this Hon'ble Court may kindly be pleased to issue an appropriate writ directing the authority to consider and decide the representation of petitioner dated 19.12.2024. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.” 3. Learned counsel for the petitioner submitted that he is posted as Assistant Grade – II and he has been transferred from office of Sub Divisional Officer (R), Patthalgaon, District – Jashpur to the office of Tahsildar Duldula, District – Jashpur and the respondent No.4 is posted on the place of the petitioner which itself shows that the services of the petitioner is transferred to accommodate the respondent No.4. The petitioner is having some personal difficulty with medical ailment, as such he has foregone his promotion to the post of Assistant Superintendent only in order to remain at Patthalgaon as according to the petitioner his parents are old aged persons and they requires intensive care by the 3 petitioner and the petitioner is the only person to look after them, as such, even after being qualified for promotion, he has foregone his opportunity of promotion, therefore, he may not be transferred and the impugned transfer order be quashed/cancelled. 4. On the other hand, learned State counsel opposed the argument advanced by the learned counsel for the petitioner and submitted that in fact due to administrative exigency the petitioner has been posted from the office of Sub Divisional Officer (R), Patthalgaon, District – Jashpur to the office of Tahsildar Duldula, District – Jashpur which cannot said to be a transfer order. The Collector, District – Jashpur has posted the petitioner in order to do administrative work effectively and as such, the impugned order has been passed. 5. In view of the above discussions, considering the facts and circumstances of this case, further considering the fact that the petitioner has foregone the opportunity of his promotion only to remain at Patthalgaon, irrespective of the reason behind it, the impugned transfer order is stayed, till the representation filed by the petitioner is decided along with the documents which the petitioner is relying upon. 6. The petitioner is directed to pursue his representation as filed on 19.12.2024 before the Collector, District – Jashpur and in turn the the Collector, District – Jashpur/respondent No.3 is directed to decide the representation of the petitioner in pragmatic manner, 4 looking to the fact that the petitioner has foregone his opportunity of promotion in order to remain at Patthalgaon with his old aged parents, within a period of 4 weeks from production of copy of this order. 7. With the aforesaid observation and directions, instant petition is finally disposed off. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi