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2025 DAILYLAW 53209 (CHH)

SMT. CHUNIKA SAHU v. STATE OF CHHATTISGARH

WPS/12082/2025 · 2025-10-15

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:51636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12082 of 2025 • Smt. Chunika Sahu W/o Yogesh Kumar Sahu Aged About 32 Years R/o 937/9 Street No. 03, Hind Nagar, Bhilai District- Durg (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Department Of Agriculture Development And Farmers Welfare And Bio- Technology Department, Mantralaya, Mahanadi Bhawan. Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 2. Directorate Of Horticulture And Field Forestry Through Its Director Address 2nd Block 4th Floor, Indrawati Bhawan, Atal Nagar, Nawa Raipur (C.G.) ... Respondent(s) For Petitioner : Mr. Punit Ruparel, Advocate For State : Mr. Kanwaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 16.10.2025 1. The petitioner who is working as Rural Garden Development Officer has filed this writ petition under Article 226 of the Constitution of India against the transfer order dated 30.06.2025 by which the the petitioner has been transferred from office of Assistant Director Chief Garden, Raipur to Deputy Director, Garden, Jagdalpur on administrative ground. MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.10.17 10:49:09 +0530 2 2. Learned counsel for the petitioner would submit that the petitioner is having pregnancy for seven months, therefore, in view of the transfer order she may be faced difficulty. 3. On the other hand, learned State counsel opposing the submission would submit that the transfer is incident of service, therefore, she cannot be claim to be posted at particular place forever. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Considering the submission made by the parties that the petitioner is facing pregnancy as it has been contended, its a personal difficulty of the petitioner which can be considered by the employer only as held by the Hon’ble Supreme Court in case of S.K. Nausad Rahaman & others Vs. Union of India & others reported in 2022 (12) SCC 1, therefore, it is directed that the respondent authorities shall decide the petitioner’s representations dated 11.06.205, 04.07.2025, 15.07.2025 and 17.07.2025 within 4 weeks as per the law laid down by the Hon’ble Supreme Court in case of S.K. Nausad Rahaman (Supra) from the date of submission of the copy of this order before the respondent authorities. 6. With aforesaid observation and direction, the writ petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge Manish