Extracted from the PDF above. The PDF is authoritative.
2025:CGHC:54099
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12589 of 2025 1 - Ajit Kumar Toppo S/o Late Sameul Toppo Aged About 60 Years Posted As Assistant Statistics Officer, Posted At District Economics And Statistics Office, District Sarguja (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Economics And Statistics Department, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District
Raipur
(C.G.) 2 - Under Secretary Economics And Statistics Department, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.) 3 - Director Directorate Of Economics And Statistics Department, Indrawati Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.) 4 - Transfer Committee Through Secretary, General Administration Department, Indrawati Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.) ---- Respondents For Petitioner : Mr. Praveen Dhurandhar, Advocate For State : Mr. Keshav Gupta, Govt. Advocate Hon'ble Shri Justice
Narendra Kumar Vyas
Order on Board 06.11.2025
1. The petitioner who is working as Assistant Statistics Officer has filed present petition assailing transfer order dated 11.07.2025 by KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.11.07 10:39:43 +0530
which he has been transferred from District Economics & Statistics Office, Ambikapur District – Surguja to District Economics & Statistics Office, District Manendragarh-Chirmiri- Bharatpur and he has also challenged order dated 01.09.2025 by which his representation has been rejected by the Committee constituted by the State of Chhattisgarh.
2. Learned counsel for the petitioner would submit that the petitioner is aged about 61 years and 5 months, as such, he is at the verge of retirement. He would further submit that a departmental inquiry is pending against him at Raipur therefore, if he is transferred to Manendragarh it will be difficult for him to attend the same. He would lastly submit that the Committee has passed non-speaking order. On these factual matrix of the case, he would pray for allowing the writ petition.
3. Per contra, learned Government Advocate for the State would submit that the petitioner is working at the present place of posting since 2011 i.e. more than 14 years have lapsed, therefore, the petitioner has no justifiable reason to remain posted at the present place of posting. Even otherwise, an employee cannot insist to remain posted at a particular place of posting for ever, therefore, the Committee has rightly rejected the representation of the petitioner, accordingly, would pray for dismissal of the writ petition.
4. I have heard learned counsel for the petitioner and perused the record.
5. Considering the facts of the case that the petitioner is working at
the present place of posting since 2011, there is no justifiable reason to interfere with the impugned transfer order. Contention raised by the learned counsel for the petitioner that he is at the verge of retirement is misconceived as the petitioner is due for retirement in 1 year and 7 months which does not fall within the category of verge of retirement. Further contention raised by the
learned counsel for the petitioner that a departmental inquiry is pending at Raipur and he may face difficulty if posted at Manendragarh is again misconceived as Manendragarh is well connected with the transportation facility to Raipur. Lastly the contention raised by the learned counsel for the petitioner is that the Committee has not passed a reasoned order which is also misconceived as no fundamental or civil rights of the petitioner is violated. The Committee is not discharging Statutory Duties which may require the Committee to pass a well reasoned order. Even otherwise, it is well settled position of law that transfer is an incident of service, an employee cannot insist to remain posted at a particular place of posting for ever.
6. Considering aforesaid aspect of the matter, I am of the view that no illegality or irregularity has been committed by the respondents in transferring the petitioner from District Surguja to District Manendragarh-Chirmiri-Bharatpur.
7. Accordingly, the writ petition (S) sans merits and it is dismissed. Sd/- (Narendra Kumar Vyas) Judge kishore