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High Court of Chhattisgarh · body

2025 DAILYLAW 50850 (CHH)

BINU VERMA v. STATE OF CHHATTISGARH

WPS/11646/2025 · 2025-10-06

Shri Parth Prateem Sahu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:49962 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11646 of 2025 Binu Verma S/o Late Shri Jagatpal Verma Aged About 61 Years R/o 4/43 L.I.G. II, Mansarovar Colony, Bhilai- 3, District Durg (C.G.) --- Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mahanadi Bhawan, New Raipur, District Raipur, C.G. 2 - Under Secretary Urban Administration And Development Department, Mahanadi Bhawan, New Raipur, District Raipur, C.G. 3 - Director Urban Development, Mahanadi Bhawan, New Raipur, District Raipur, C.G. 4 - Chief Municipal Officer Nagar Palika Nigam, Charoda, Bhilai, District Durg, C.G. 5 - Shri Arjun Pawar Cleaning Inspector, Nagar Palika Nigam, Birgaon, District Raipur, C.G. --- Respondents ____________________________________________________________ For Petitioner : Mr. T.K. Tiwari, Advocate For Respondents/State : Mr. Vinay Pandey, Dy.A.G. For Respondent No.5 : Mr. Bhaskar Payashi, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 07/10/2025 1. Learned counsel for petitioner submits that petitioner is working as Cleaning Inspector with respondent No.4, however, respondent No.1 has issued impugned order of transfer dated 18.09.2025, wherein along with other employees, petitioner is also transferred from BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.10.09 10:28:18 +0530 2 Municipal Corporation, Bhilai Charoda to Municipal Corporation, Jagdalpur. He contended that petitioner is aged about 60 years and due to retire after attaining the age of 62 years. Wife of petitioner is suffering with Cancer disease for which he has enclosed relevant documents along with this petition issued by Vedanta Research Foundation. He contended that treatment of critical disease with which wife of petitioner is suffering may not be available at the transferred place of posting at Jagdalpur but it is available in the Durg or Raipur, which is the nearby place, therefore, the impugned order of transfer be interdicted. 2. Learned counsel for respective respondents submits that transfer is made under the transfer policy 2025 formulated by the State Government. Under Clause-8 of transfer policy 2025 mechanism is provided to consider the grievance of the transferred employees against their transfer, however, from documents enclosed along with writ petition, it is not appearing that petitioner has submitted any representation before the Committee constituted under transfer policy, 2025. The petitioner could have raised all his grievance as raised in this petition before the Committee. If such representation is submitted, it will be considered in accordance with law. 3. I have heard learned counsel for parties and perused the documents placed on record. 4. Taking into consideration, the nature of grievance raised in this petition, submission made by learned counsel for respective parties and further considering the nature of disease with which wife of petitioner is stated to be suffering, the employer/respondent No.1, who 3 issued the transfer order would be appropriate authority to consider the nature of grievance as raised in this writ petition, I find it appropriate to dispose of this writ petition at this stage directing petitioner to submit the detailed representation raising all the grounds as raised in this petition, before the Committee constituted under Clause-8 of the transfer policy, 2025 within a period of 10 days and if such representation is submitted, the concerned Committee shall consider and take decision on the representation sympathetically, in an objective manner expeditiously preferably within further period of three weeks from the date of receipt of representation. 5. At this stage, learned counsel for petitioner submits that till date petitioner has not been relieved from the present place of posting, hence, some protection may be granted, till the decision on the representation to be submitted by petitioner. 6. Considering the submission of learned counsel for petitioner it is directed that status quo as it exists today with respect to place of posting of petitioner shall be maintained by the parties, till decision on the representation to be submitted by petitioner. 7. Accordingly, this petition is disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) Judge Balram