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2025 DAILYLAW 58588 (CHH)

HEMNATH SAHU v. THE STATE OF CHHATTISGARH

WPS/4783/2024 · 2025-11-18

Shri Narendra Kumar Vyas

body2025

Judgment text

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2025:CGHC:56417 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4783 of 2024 1 - Hemnath Sahu S/o Late Shri Rameshar Sahu, Aged About 61 Years Presently Posted At Personal Assistant, Panabaras Project Division, Chhattisgarh Rajya Van Vikas Nigam Limited, Rajnandgaon, District- Rajnandgaon (C.G.) 2 - Pritam Singh Garkate S/o Late Bhuwaneshwar Prasad, Aged About 42 Years Presently Posted As Accountant, Panabaras Project Division, Chhattisgarh Rajya Van Vikas Nigam Limited, Rajnandgaon, District Rajnandgaon (C.G.) 3 - Nawab Ahmad S/o Shri Ramjan Khan, Aged About 60 Years Presently Posted As Accountant, Panabaras Project Division, Chhattisgarh Rajya Van Vikas Nigam Limited, Rajnandgaon, District Rajnandgaon (C.G.) 4 - Shilan Yadav S/o Late Dudulal Yadav, Aged About 54 Years Presently Posted As Accountant, Panabaras Project Division, Chhattisgarh Rajya Van Vikas Nigam Limited, Rajnandgaon, District Rajnandgaon (C.G.) 5 - Ashish Acharya S/o Ashok Acharya, Aged About 37 Years Presently Posted As Junior Accountant, Panabaras Project Division, Chhattisgarh Rajya Van Vikas Nigam Limited, Rajnandgaon, District Rajnandgaon (C.G.) 6 - Sangita Khobaragare W/o Late B.D. Khobaragare, Aged About 54 Years Presently Posted As Sandeshvahak, Panabaras Project Division, Chhattisgarh Rajya Van Vikas Nigam Limited, Rajnandgaon, District Rajnandgaon (C.G.) 7 - Hakim Qureshi S/o Mohd. Shamsher Qureshi, Aged About 42 Years Presently Posted As Sandeshvahak, Panabaras Project Division, Chhattisgarh Rajya Van Vikas Nigam Limited, Rajnandgaon, District Rajnandgaon (C.G.) 8 - Ramlal Soni S/o Gendram Soni, Aged About 59 Years Presently Posted As Chowkidar, Panabaras Project Division, Chhattisgarh Rajya Van Vikas Nigam Limited, Rajnandgaon, District Rajnandgaon (C.G.) ... Petitioners versus 1 - The State Of Chhattisgarh Through Its Secretary, Department Of Forest And Climate Change, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur (C.G.) 2 - Chhattisgarh Rajya Van Vikas Nigam Limited, Through Its Managing Director, Chhattisgarh Rajya Van Vikas Nigam Limited, Block- 7a, Sector-24, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 3 - Divisional Manager, Panabaras Project Division, Chhattisgarh Rajya Van Vikas Nigam Limited, Rajnandgaon, District Rajnandgaon (C.G.) ---- Respondents For Petitioners : Mr. Adil Minhaj, Advocate For State : Mr. Santosh Bharat, Panel Lawyer For R /2& 3 : Mr. A.S. Kachhawaha, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 19.11.2025 1. The petitioners have preferred the present writ petition questioning the order dated 09.07.2024, whereby the office of the Panabaras Project Division has been shifted from Rajnandgaon to Mohla. The petitioners have further sought quashment of the Show Cause Notice dated 30.07.2024 issued to them. 2. The foundational facts, as discernible from the record, reveal that the petitioners are employees of the Rajya Van Vikas Nigam. Their grievance is that the Managing Director, without obtaining the approval of the Board, has unilaterally shifted the Divisional Office from Rajnandgaon to Mohla. It is contended that the petitioners, being Class III and Class IV employees, are facing substantial hardship in performing their duties at Mohla, as the shifting of office has imposed additional financial burden relating to travel from Rajnandgaon. It is further contended that the newly shifted office lacks adequate infrastructure and basic facilities necessary for the efficient discharge of their duties. 3. Per contra, learned counsel for the respondent Corporation would submit that, pursuant to the notification dated 20.10.2021, whereby the State Government constituted a new district, namely Mohla-Manpur-Ambagarh, the Divisional Office has been appropriately bifurcated and relocated to Mohla. He has produced the photograph of the newly allotted premises and drawn attention to the communication dated 14.08.2024 demonstrating that budgetary allocations have been made for electricity, transportation, fooding, internet and other essential facilities. It is submitted that the Corporation is earnestly endeavouring to develop the office and put in place the requisite infrastructure for its effective functioning. Hence, he would pray for dismissal of the writ petition. 4. Upon a careful examination of the pleadings and consideration of the submissions advanced on behalf of the Corporation, it is evident that the petitioners seek to challenge an internal administrative decision concerning the shifting of an office. The petitioners lack locus standi to interfere with such matters, as decisions relating to organisational restructuring, rationalisation of employees, and administrative convenience fall exclusively within the prerogative and managerial domain of the employer as per law laid down by the Hon’ble Supreme Court, in Harinagar Sugar Mills Ltd. (Biscuit Division) & Anr. v. State of Maharashtra & Others, (2025) 7 SCR 427, wherein it has been authoritatively held that matters pertaining to internal management lie within the exclusive domain of the employer and employees cannot insist upon facilities or challenge organisational decisions. Therefore, the petitioners’ challenge is legally unsustainable. 5. In view of the foregoing analysis, the writ petition is devoid of merit and is accordingly dismissed. Consequently, interim order dated 22.08.2024 stands vacated. Nevertheless, considering the concern expressed by the petitioners regarding the difficulties allegedly faced by them, the respondent Corporation is directed to examine the matter and ensure that adequate basic facilities are made available to them so as to facilitate the efficient discharge of their duties. 6. With the aforesaid observation and directed the writ petition is finally disposed of. Sd/- (Narendra Kumar Vyas) Judge Deshmukh KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.11.21 11:18:37 +0530