1 2025:CGHC:34160 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7097 of 2025 Deepak Kumar S/o Tribhuwan Das Aged About 44 Years R/o Qr. No. 4/16, Ispat Nagar, Risali, Bhilai, Tah. Durg, Distt. Durg C.G. Pin 490006. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Mantralaya, Public Works Deptt. Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur C.G. Pin 492001 2 - Upper Secretary, Mantralaya, Public Works Deptt. Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur C.G. Pin 492001 3 - Engineer In Chief, Public Works Deptt., Nirman Bhavan, Sector 19, North Block, Nawa Raipur, District Raipur C.G. Pin 492001 ---- Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Mateen Siddiqui, Advocate For Respondents/State : Mr. Kanwaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 18/07/2025 1. The petitioner has filed the present writ petition against the order dated 05.06.2025 (Annexure P/1), whereby the petitioner’s services have been transferred from the office of Executive Engineer (PWD), Ramanujganj Division to the office of Incharge Sub-Divisional Officer VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.01.06 19:00:07 +0530 2 (PWD), Ramanujganj Sub-division, and prayed the following reliefs in the writ petition:- “10.1 That, this Hon'ble Court be pleased to declare that the impugned order dated 05.06.2025 (Annexure- P/1) is illegal and unconstitutional. 10.2 That, this Hon'ble Court be pleased to issue a writ in the nature of certiorari/mandamus and quash the order transferring and posting of the petitioner to the new place at P.W.D. Sub Division at Ramanujganj, in the interest of justice. 10.3 That, the respondent may be directed to the post the petitioner at CRIDCL, Raipur where the petitioner is at preset working instead of Ramanujganj, in the interest of justice. 10.4 That, any other relief which this Hon'ble Court may deem fit and proper in the facts and the circumstances of the case may also kindly be granted.” 2. Learned counsel for the petitioner would submit that, the petitioner was initially appointed as Sub-Engineer (Civil) on 19.09.2005 and was posted at Raipur and subsequently, he was transferred in the year 2005 to Ramanujganj Division. Vide order dated 28.04.2020, the petitioner was sent on deputation to Chhattisgarh Road Development Corporation Limited and posted as Assistant Project Manager in the Chhattisgarh Road and Infrastructure Development Corporation Limited, Raipur and he is posted there since then. The petitioner obtained permission to carry out his M.Tech Degree Course (Part Time) from Shri Ravatpura Sarkar University, Raipur and he already cleared four semesters, out of total six semesters and the remaining two semesters will be completing in May-June, 2026. The earlier permission granted on 28.07.2023 was extended on 03.04.2025 to 3 carry out the further studies of M.Tech in the year 2025-26, and therefore, transferring the petitioner by the impugned order dated 05.06.2025 would affect his studies. He would further submit that the petitioner is still pursuing his studies of M.Tech Degree Course (Part Time) and once the permission was granted by the Chief Engineer (PWD), vide order dated 28.07.2023 and 03.04.2025, and the petitioner has successfully cleared four semesters of M.Tech Degree Course (Part Time), the authorities are duty bound to consider the grievance of the petitioner and not to transfer his services to PWD Sub-division, Ramanujganj, therefore, the impugned transfer order of the petitioner may be quashed. 3. Per contra, learned counsel for the respondents/State would submit that, although the permission was granted to the petitioner to pursue his studies of M.Tech Degree Course (Part Time), but he cannot claim to remain there at a particular place of posting. Against the transfer order the petitioner may make a representation to the authorities concerned raising his grievances and the authorities may consider his grievances in accordance with law. 4. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 5. From the document (Annexure P/4) it transpires that, the petitioner was permitted to carry out his M.Tech Degree Course (Part Time) from Shri Ravatpura Sarkar University, Raipur subject to the condition that, it should not affect his regular work. The permission granted vide order dated 28.07.2023 is extended on 03.04.2025 and it is ordered that 4 there is no need to obtain permission for every year, as he has already taken admission in M.Tech Degree Course (Part Time) in the year 2023-24. The petitioner was sent on deputation to Chhattisgarh Road and Infrastructure Development Corporation Limited, Raipur and is working there as Assistant Project Manager since 08.05.2020 and pursuing his studies of M.Tech Degree Course (Part Time) from Shri Ravatpura Sarkar University, Raipur. The permission was granted by the Chief Engineer (PWD), Raipur which was well within the knowledge of the respondent authorities and as the petitioner has completed four semesters out of six semesters, the transfer of the petitioner would definitely affect his studies. 6. Therefore, looking to the grievance of the petitioner, the impugned transfer order dated 05.06.2025 (Annexure P/1) with respect to the petitioner’s transfer is quashed and the respondents/State is directed to pass necessary order by making posting of the petitioner in a place nearer to the university, where the petitioner is pursuing his M.Tech Degree Course (Part Time) by looking the convenience of the petitioner. Till the decision of the State Government, the petitioner shall be permitted to continue in the present place of his posting. 7. Accordingly, the writ petition is allowed to the extent indicated hereinabove. Sd/- (Ravindra Kumar Agrawal) Judge ved