1 2025:CGHC:49862 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11613 of 2025 1 - Smt. Karri Arundhati W/o Shri Karri Jnanakrishna Naidu Aged About 36 Years R/o 15-A, Street No. 8, Sector No. 4, Bhilai Nagar, P.S. Bhilai, Tahsil And Distt. Durg, Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through Its Chairman/additional Chief Secretary, Committee Of Senior Secretaries (Transfer Matter), Department Of Home, Mahanadi Bhawan, Mantralaay, P.S. And Post Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 2 - Member/secretary Committee Of Senior Secretaries (Transfer Matter), Department Of Labour, Mahanadi Bhawan, Mantralay, Ps And Post Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 3 - Member/secretary In-Charge Committee Of Senior Secretaries (Transfer Matter), Department Of General Administration, Mahanadi Bhawan, Mantralay, Ps And Post Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 4 - Secretary Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan, Mantralay, Ps And Post Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 5 - Director Directorate Of Employment And Training, Indrawati Bhawan, Ps And Post Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 6 - Principal Government Women Industrial Training Institute (Iti), Durg, Distt. Durg, Chhattisgarh. ... Respondents For Petitioner : Mr. Abhishek Pandey, Advocate along with Ms. Varsha Sharma, Advocate SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 For Respondents : Mr. Shreyansh Mehta, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 07/10/2025 1. This petition has been filed by the petitioner seeking for the following relief(s):- “10.1. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioner before this Hon’ble Court for its kind perusal. 10.2 That, this Hon’ble Court may kindly be pleased to set-aside/quash the impugned transfer order dated 13.5.2025 (Annexure P/1) passed by Respondent No. 4/Secretary, Department of Skill Development, Technical Education and Employment, Raipur, only in relation to the petitioner whereby she is transferred from Govt. Women ITI, Durg to ITI Bhairamgarh, Dist. Beejapur. 10.3 That, this Hon’ble Court may kindly be pleased to set-aside/quash the impugned relieving order dated 4.9.2025 (Annexure P/3) of the petitioner issued by Respondent No. 6/Principal, Govt. Women ITI, Durg (C.G.). 10.4 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to give joining to the petitioner on the post of Training Officer in Govt. Women ITI, Durg and also release her full salary and other consequential benefits from the month of September, 2025 to the date of her joining.. 10.5 That, this Hon’ble Court may kindly be pleased to direct respondents to give suitable compensation to the petitioner for the mental trauma and agony, harassment and hardships suffered by her as also cost of the litigation.” 2. Petitioner by way of this writ petition has challenged the impugned order of transfer dated 13.05.2025 (Annexure P/1), transferring the petitioner from her present place of posting i.e. Women’s Industrial Training Institute, District – Durg to Industrial Training Institute, Bhairamgarh, District – Bijapur on administrative grounds. 3. Learned counsel for the petitioner would submit that immediately after receipt of the order of transfer, the petitioner had submitted a representation before the Respondents No. 5 through the Respondent No. 6 mentioning therein 3 that her 07 years old son is studying in Class – IV in D.A.V. Public School, Durg and her old aged mother-in-law is suffering with some mental disease. Treatment of which is being taken at Sector -9 Hospital, Bhilai under the SAIL Group Mediclaim Scheme. She will not be able to provide treatment to her mother-in-law, if she has to join her services at the transferred place of posting at Bhairamgarh, District – Bijapur which is a interior scheduled area. The representation was submitted on 30.05.2025, however, till date no decision has been taken and it is pending consideration. During its pendency, the petitioner was not relieved by the Respondent No. 6 till 04.09.2025, the relieving order was issued only on 04.09.2025 by the Respondent No. 6 without waiting for the decision on the representation as submitted by the petitioner before the Respondent No. 5. 4. He further submits that the mother-in-law of the petitioner aged about 77 years is not well and is dependent upon her and therefore, the impugned transfer order dated 13.05.2025 (Annexure P/5) be interdicted. In support of his contention he relied upon the decision of the Hon’ble Supreme Court in the case of SK. Nausad Rahaman & Ors. Vs. Union of India & Ors. reported in (2022) 12 SCC 1, Director of School Education, Madras & Ors. Vs. O. Karuppa Thevan & Anr. reported in (1994) Supp (2) SCC 666 and the decisions of this Court in the case of WA No. 447/2022 ‘Nand Kumar Dharia Vs. State of Chhattisgarh & Ors. and WA No. 462/2022 ‘Bhanu Pratap Singh Chouhan Vs. State of Chhattisgarh & Ors.’ . 5. On the other hand, learned counsel for the Respondents/State opposes the submissions made by the counsel for petitioner and would submit that the impugned transfer order is of 13.05.2025 but, till date, petitioner has not submitted any representation before the committee constituted under the Transfer Policy, 2025 by the State Government. He also contended that the transfer order of petitioner is passed by the State of Chattisgarh, therefore, the Respondent No. 5 would not be competent authority to take decision on 4 the representation, if any, submitted by the petitioner. He also contended that the order of transfer of petitioner is on administrative grounds and therefore, it does not call for any interference. 6. I have heard learned counsel for the parties and perused the documents enclosed along with the writ petition. 7. It is not in dispute that the petitioner is working as Training Officer and posted at Women’s Industrial Training Institute, District – Durg. Petitioner has also enclosed copy of the letter written by her to the Respondent No. 6/Principal of Government Women’s Industrial Training Institute, District – Durg on 30.05.2025 requesting to forward the representation before the Respondent No. 5. The representation dated 30.05.2025 is also enclosed as Annexure P/2 being addressed to the Respondent No. 5/Director in which, along with the other grounds, she has also raised a ground that her mother-in-law is suffering from mental disease and is taking treatment at Sector – 9 Hospital, Bhilai under the SAIL Group Mediclaim Scheme. She has also enclosed the copy of the prescription of the doctor as Annexure P/7. 8. True it is that from the documents enclosed along with the writ petition, it is appearing that the mother-in-law of the petitioner is shown to be 69 years of age in the medical prescription and this prescription is of a Neuro-Psychiatry. The mediclaim card is enclosed as Annexure P/6 which is of SAIL Group Mediclaim Scheme and therefore, the submission of counsel for the petitioner at that stage, cannot be out-rightly rejected that under the SAIL Group Mediclaim Scheme, mother-in-law of the petitioner could get treatment at a hospital at Sector – 9, Bhilia which is a hospital run by Bhilai Steel Plant. 9. The place of transfer of the petitioner i.e. Bhairamgarh, District – Bijapur is an interior scheduled area where, appropriate medical facilities may not be available and further considering that in afore discussed facts of the case, Respondents/State will be the appropriate authority to consider the grievance of the petitioner for posting the petitioner at appropriate place, I find it 5 appropriate to dispose of this writ petition at this stage, directing the petitioner to submit afresh representation before the committee constituted under the Transfer Policy, 2025 by the State Government within a period of 01 week and thereafter, the concerned committee shall consider and take decision on the representation to be submitted by the petitioner expeditiously, within a further period of 03 weeks from the date of receipt of the representation in an objective manner considering all the grounds to be raised by the petitioner in representation as raised in this writ petition. 10.At this stage, learned counsel for the petitioner submits that no person has been posted in place of the petitioner by way of the impugned order and therefore, as on date, the post on which the petitioner is working is still lying vacant at Government Women’s Industrial Training Institute, District – Durg and therefore, till decision on the representation to be submitted by the petitioner, the effect and operation of the transfer order dated 13.05.2025 (Annexure P/1) be stayed. 11. Considering the submissions of counsel for the petitioner and further that by the impugned order dated 13.05.2025 (Annexure P/1), no other person is posted in place of the petitioner, purely as an interim measure, it is directed that the impugned transfer order dated 13.05.2025 so far as it relates to the petitioner shall remain in abeyance till the decision is taken on the representation to be submitted by the petitioner before the committee constituted under the Transfer Policy, 2025. 12. Accordingly, this petition is disposed of with aforesaid observations and directions. 13. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey