2025:CGHC:54384 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12626 of 2025 1 - Manmohan Nage S/o Hemnath Nage Aged About 59 Years Presently Working As Ag Ii At Office Of Deputy Director, Fisheries Jagdalpur, Distt. Bastar, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Fishers, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, Distt. Raipur, Chhattisgarh. 2 - Collector Jagdalpur, Distt. Bastar, Chhattisgarh. 3 - Deputy Director Fishers Department Jagdapur, Distt. Bastar, Chhattisgarh. 4 - Shri Devendra Kumar Uppal Presently Working As Ag Ii At Office Of Assistant Director, Fisheries Bijapur, Distt. Bijapur, Chhattisgarh. ---- Respondents For Petitioner : Mr. T.K. Jha, Advocate For State : Mr. S.P. Kale, Additional Advocate General Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 07.11.2025 1. By way of present writ petition the petitioner is assailing his transfer order dated 30.06.2025 whereby he has been KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.11.10 11:00:07 +0530 transferred from the Office of Deputy Director, Fisheries Jagdalpur, District Bastar to Office of Assistant Director, Fisheries Bijapur, District Bijapur. 2. Learned counsel for the petitioner would submit that he is challenging the impugned transfer order on the ground of personal difficulty, as the petitioner is suffering from heart ailment, therefore, would pray for setting aside the impugned transfer order. 3. It is well settled principle of law that the personal difficulties and personal disablement should be considered by the government while considering the transfer of its employee. Hon'ble Supreme Court in the matter of SK Naushad Rahaman & Other Vs. Union of India & Other [2022 (12) SCC 1] has observed in para 53, which is reproduced as below:- “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. In view of the above stated position and considering the facts and circumstances of the case that the petitioner is having some personal difficulty, let the petitioner make representation before the concerned authorities raising his personal difficulty within 15 days from the date of receipt of copy of this order, in turn, the respondents authorities are directed to consider the case of the petitioner as per law laid down by the Hon'ble Supreme Court in the matter of SK Naushad Rahaman & Others (Supra) within further 4 weeks. 5. With the aforesaid observations & directions, this petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge kishore