2025:CGHC:52525 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12319 of 2025 1 - Dr. Amit Kumar Tiwari S/o - Shri Ashwani Kumar Tiwari Aged About 45 Years Posted As Assitant Surgeon, In District Veterinary Hospital, Bilaspur, District Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Livestock Development, Raipur, District Raipur, Chhattisgarh 2 - Chief Secretary, Home And Jail Department (President), Transfer Committee, Raipur, District Raipur, Chhattisgarh 3 - Secretary, School Education Department (Member), Transfer Committee, Raipur, District Raipur, Chhattisgarh 4 - Secretary, General Administration Department (Member), Transfer Committee, Raipur, District Raipur, Chhattisgarh 5 - Director Directorate Of Veterinary Services, Raipur, District Raipur, Chhattisgarh 6 - Joint Director Directorate Of Veterinary Services, Bilaspur, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner : Mr. Anup Majumdar, Advocate. For Respondents/State : Mr. Sabyasachi Choubey, Panel Lawyer KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.10.29 10:51:52 +0530 Hon'ble Shri Ju stice Narendra Kumar Vyas Order on Board 28.10.2025 1) By way of present writ petition the petitioner has assailed transfer order dated 30.06.2025 by which he has been transferred from Government Veterinary Hospital, Bilaspur to Government Veterinary Hospital, Narayanpur on administrative ground. 2) Learned Counsel for the petitioner would submit that petitioner’s wife is undergoing treatment of I.V.F. and presently she is carrying advance stage pregnancy, therefore, it is will be difficulty for him to join at the transferred place of posting. He would further submit that he has been put to hostile discrimination in deciding the representation filed by him, therefore, would pray for quashment of the impugned order. 3) On the other hand learned counsel for the State would submit that transfer is an incident of service. An employee cannot insist to remain posted at a particular place for ever, therefore, would pray for dismissal of the writ petition. 4) I have heard learned counsel for the parties and perused the record. 5) The petitioner has filed medical records pertaining to his wife. This is a matter of personal difficulty which this court cannot examine. It is for the Government who is model employer to look into the matter of personal difficulties and personal disablement 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 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” 6) In view of the above stated position and considering the facts and circumstances of the case that the petitioner is directed to file fresh representation raising his personal difficulties before the concerned authorities. 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 3 weeks from the date of submission of the representation by the petitioner. 7) With the aforesaid observations & directions, this petition is disposed of. Sd/- -Sd/- (Narendra Kumar Vyas) Judge Deshmukh