1 2025:CGHC:4626 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 721 of 2025 1 - Abhishek Mishra S/o Late Kaushal Mishra Aged About 41 Years Assistant Grade- Ii R/o J.P. Vihar Colony, Bilaspur, District- Bilaspur ( Chhattisgarh ). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Its Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralay, Nava Raipur, Atal Nagar, District- Raipur, Chhattisgarh. 2 - The Director Directorate Of Urban Administration And Development, Indrawati Bhawan, Mantralay, Nava Raipur, Atal Nagar, District- Raipur, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Sandeep Dubey, Advocate along with Mr. Manas Bajpai, Advocate For State :- Mr. Khulesh Sahu, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 27.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “It is therefore prayed that this Hon'ble Court may be VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 pleased to pass an order protecting the interest of the petitioner and stay the effect and operation of impugned transfer order dated 26/12/2024 (Annexure- P/1) during the pendency of the petition in the interest of justice.” 2. Learned counsel for the petitioner submits that it is a case of frequent transfer. He submits that the petitioner was appointed vide order dated 20.07.2012 on the post of AG III. Thereafter, he was promoted and transferred on 19.07.2013 and again he was transferred on 29.02.2016 and thereafter, again he was transferred vide order dated 05.07.2021. After two months, the said transfer order was canceled and again on 13.12.2022, he was transferred. Thereafter, on 14.02.2023, the petitioner was again transferred and vide order dated 26.12.2024, again a transfer order has been passed against the petitioner. It is submitted that the transfer order of the petitioner has been passed again and again in order to harass the petitioner, as such, the transfer order dated 26.12.2024 requires to be quashed. It is also stated that the daughter of the petitioner, who is aged about 4 yrs., is studying in a Primary School, therefore her study would be affected by the said transfer order. He also submits that no one has been transferred to his original place of posting. He further submits that the original place of posting of the petitioner is Nagar Panchayat, Sheorinarayan and he was sent on deputation to Municipal Corporation, Bilaspur, as such, even if any transfer order is required to be passed or his services are required to be 3 sent back after completion of the deputation, he is required to sent back to his original place of posting i.e. Nagar Panchayat, Sheorinarayan. 3. On the other hand, learned counsel appearing for the State opposes the submission and submits that the transfer of the petitioner has been done in exigency of service, as such, he has to join his transferred place and the transfer order is absolutely correct and cannot be quashed only on the ground that the petitioner has completed only two years of service in the present place of posting from his previous transfer order. 4. Considering the submissions made by the parties and the aforesaid aspect of the matter, also considering the fact that the petitioner has been sent to Municipal Corporation, Bilaspur on deputation, at this stage, the petitioner is granted liberty to file a representation raising all his grievances before the authorities concerned within a period of one week and, in turn, the concerned authorities are directed to consider and decide the said representation of the petitioner while passing appropriate orders in a pragmatic manner within a period of 4 weeks from the date of receipt of such representation, in accordance with law. If the respondent authorities are of the opinion that the petitioner can be sent back to his original place of posting i.e. Nagar Panchayat, Sheorinarayan, they may consider the same also. 4 5. Till the decision of the said representation, the effect and operation of the impugned transfer order dated 26.12.2024 with respect to the petitioner shall remain stayed. 6. With the aforesaid observation(s)/direction, the instant petition is hereby disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha