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2025 DAILYLAW 4985 (CHH)

DHANANJAY KUMAR GHRITLAHRE v. STATE OF CHHATTISGARH

WPS/603/2025 · 2025-03-25

Shri Bibhu Datta Guru

body2025

Judgment text

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1 / 4 2025:CGHC:14298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 603 of 2025 1 Dhananjay Kumar Ghritlahre S/o Late Shri, Nain Das Ghritlahre, Aged About 42 Years Working As Assistant Veterinary Field Officer, At District Veterinary Hospital, Kawardha, Distt. - Kabirdham. (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through - The Secretary, Ministry Of Livestock Development Department, Mahanadi Bhawan, Atal Nagar, New Raipur (C.G.) 2 Deputy Director, District Veterinary Officer, Kawardha, Kabirdham, District - Kabirdham (C.G.) ... Respondent(s) For Petitioner : Shri Somkant Verma, Advocate For Respondents/ State : Shri Rishabh Bisen, P.L. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.03.26 11:00:47 +0530 2 / 4 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 25/03/2025 1. By the present writ petition, the petitioner, is questioning the transfer order dated 08.01.2025 (Annexure P-1) by which the petitioner has been transferred from District Veterinary Hospital, Kawardha, district Kabirdham to Veterinary Mobil Unit, Baikunthpur, District Koriya. 2. Learned counsel for the petitioner submits that, the petitioner’s wife is also a government servant, who is working as a Staff Nurse at Community Health Center, Pipariya, Kabirdham. He submits that two children who are studying in class 7th and 3rd are also residing with him at Kawardha, Dist Kabirdham. He further submits that because of the mid term transfer of the petitioner to Baikunthpur from the present place of posting, the entire family of the petitioner has been destabilized and studies of petitioner’s children are severely effected. He further refers to judgments of Hon’ble Supreme Court in the case of Bank of India Vs. Jagjit Singh Mehta reported in (1992) 1 SCC 306 wherein Hon’ble Supreme Court has observed that the posting of husband and wife should be at one station even if their employers are different and the said principle should be followed as far as 3 / 4 practical. He further refers to Director of School Education, Madras and Ors. Vs. O. Karuppa Thevan and Anr. Reported in 1994 Supp (2) SCC 666 wherein the Hon’ble Supreme Court deprecated the system of transfer of employees in mid session where their children are studying. 3. Learned counsel for the respondents/ State on instructions submits that, as far as, the transfer of employees of the State government is concerned, the State government has decided to constitute a committee to consider the grievance of the employees in case of transfer and placed a copy of the order dated 03.03.2025, which is taken on record. He further submits that if the petitioner will approach the said committee, the committee will decide the same in accordance with the relevant transfer policy and relevant law. 4. I have heard learned counsel for the parties and perused the documents on record and the judgment of the Hon’ble supreme court which is placed by the learned counsel for the petitioner. 5. It is not in dispute that the petitioner and his wife both are government employees posted in two different places and children of the petitioner are studying in school in class 7th & 3rd at Kawardha, Kabirdham. 6. Hence, looking to the grievance of the petitioner, it is directed that the petitioner shall approach the committee constituted by order dated 03.03.2025 with a representation within a period of 10 days from the date of receipt of a copy of this order. In case of filing of 4 / 4 the representation, the said committee shall decide the representation of the petitioner in accordance with law and particularly considering the guidelines of the Hon’ble supreme court passed in the matters of Bank of India (supra) and Director of School Education, Madras (supra) within a period of 30 days from the date of filing of the representation. It is further made clear that till the decision of the representation of the petitioner the interim relief dated 22.01.2025 shall remain operative. 7. With the aforesaid observation, the writ petition is disposed off. 8. The petitioner is at liberty to apprise the committee about the order of this court. Sd/- (BIBHU DATTA GURU) JUDGE Jyoti