1 2025:CGHC:61005 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8025 of 2023 1 - Harish Kumar Sahu S/o Pyare Lal Sahu Aged About 51 Years Presently Working As Assistant Engineer, R/o House No. 596, Ward No. 8, Block-Arang Abhanpur, District Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Nava Raipur, District Raipur (C.G.) 2 - Additional Secretary Department Of Panchayat And Rural Development, Mahanadi Bhawan, Nava Raipur, District Raipur (C.G.) 3 - Chief Engineer Vikas Bhawan, Nava Raipur, District Raipur (C.G.) 4 - Superintending Engineer Raipur Circle, Zila Panchayat Premises, Raipur (C.G.) 5 - Executive Engineer Raipur Division, Zila Panchayat Premises, Raipur (C.G.) 6 - D.P. Chouney Assistant Engineer, Rural Engineering Service, Sub Division Bilaspur, Composite Building, District Bilaspur (C.G.) ... Respondent(s) (Cause-title is taken from Case Information System) For Petitioner : Ms. Chetna Sharma For State : Mr. Sakib Ahmed, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 15/12/2025 1. The petitioner has filed this writ petition seeking following reliefs :- “10.1 That, Hon'ble Court may kindly be pleased to call for the records of the proceedings culminating in the transfer of petitioner. Digitally signed by SHAYNA KADRI 2 10.2 That, Hon'ble Court may kindly be pleased to quash the impugned order dated 29.09.2023 [Annexure P/1] issued by the respondent no. 2, so far as it relates to the petitioner, in the interests of justice. 10.3 Any other relief, including the cost of this petition, as it appears to be fit and appropriate to this Hon'ble Court.” 2. Facts of the case, in a nutshell, are that the petitioner was promoted to the post of Assistant Engineer (Civil) vide order dated 22.09.2021 and was posted in the Rural Development Division, Chhattisgarh Rural Road Development Authority, Mahasamund, where he duly joined in compliance of the said order. Thereafter, by transfer order dated 30.09.2022, the petitioner was transferred to the Rural Engineering Service Sub Division, Arang, District Raipur (C.G.), and he joined at the said place of posting on 13.10.2022. While the petitioner had barely completed about one year at Arang Sub Division, he was again transferred vide order dated 29.09.2023 from his present place of posting to R.E.S. Sub Division, Bilaspur, allegedly on administrative grounds, and respondent No.6 was posted in his place. The petitioner asserts that the impugned transfer order has been issued in contravention of the applicable transfer policy and is arbitrary, giving rise to the present writ petition. 3. Learned counsel for the petitioner submits that the impugned transfer order dated 29.09.2023 is illegal, arbitrary and unsustainable in law, as the same has been issued in clear contravention of the Transfer Policy for the year 2022–2023. It is contended that the petitioner is a victim of frequent and premature transfers, inasmuch as he was posted at Rural 3 Engineering Service Sub Division, Arang on 13.10.2022 and has been transferred again within a short span of barely one year, without any justifiable reason. Learned counsel further submits that the mid-term transfer would cause serious hardship to the petitioner and his family, as his elder daughter is pursuing her studies in a Polytechnic at Raipur and his younger daughter is studying in Class-IX at K.P.S., Nava Raipur, and their academic sessions are already midway, which would be adversely affected in the event of the petitioner’s relocation to Bilaspur. It is also submitted that respondent No.6, who has been posted in place of the petitioner, is due to retire within the next six months and has not even joined till date, which clearly belies the plea of any administrative exigency. Learned counsel further points out that vide order dated 09.10.2023 passed by this Court, an interim relief staying the transfer of the petitioner has already been granted, and by virtue of the said order, the petitioner is presently continuing to discharge his duties at Arang Sub Division. 4. Learned State counsel at the outset, submits that all the adverse allegations levelled by the petitioner against the State authorities are categorically denied. It is submitted that the petitioner, who was working as Assistant Engineer at R.E.S. Sub Division, Arang, was transferred vide order dated 29.09.2023 along with several other Assistant Engineers, on administrative grounds and at own expenses, pursuant to due approval of the then Hon’ble Chief Minister in coordination and by order in the name of the Hon’ble Governor of the State of Chhattisgarh. The petitioner is holding a transferable post and transfer is an incident of service, falling squarely within the prerogative of the employer, and no employee has a vested right to remain posted 4 at a particular place. There is no illegality, arbitrariness or infirmity in the impugned transfer order, nor is there any violation of statutory rules or mala fide intention, as alleged. Learned State counsel further submits that the scope of judicial interference in transfer matters is extremely limited, as consistently held by the Hon’ble Supreme Court, including in Mrs. Shilpi Bose & Ors. v. State of Bihar & Ors., AIR 1991 SC 532. It is, however, not disputed by learned State counsel that, as submitted by learned counsel for the petitioner, vide order dated 09.10.2023 passed by this Court, an interim stay of the petitioner’s transfer was granted and, by virtue of the said order, the petitioner is presently working at R.E.S. Sub Division, Arang. 5. I have heard learned counsel for the parties at length and perused the pleadings and documents placed on record with due care. 6. It is not in dispute that the petitioner was transferred to R.E.S. Sub Division, Arang on 13.10.2022 and, within a short span of about one year, he was again transferred vide order dated 29.09.2023 to R.E.S. Sub Division, Bilaspur. It is also an admitted position that this Court, vide order dated 09.10.2023, granted interim relief staying the operation of the impugned transfer order and, in pursuance thereof, the petitioner is continuing to discharge his duties at R.E.S. Sub Division, Arang. 7. It is well settled that transfer is an incident of service and ordinarily the Courts do not interfere with transfer orders, unless the same are shown to be vitiated by mala fides, issued in violation of statutory provisions or passed by an incompetent authority. At the same time, it is equally settled that the employer is required to exercise its power of transfer in 5 a fair and reasonable manner, keeping in view the applicable transfer policy and the administrative exigencies. In the facts and circumstances of the present case, considering the short duration of the petitioner’s posting at Arang, the interim protection already granted by this Court, and without entering into the merits of the rival contentions raised by the parties, this Court is of the opinion that the ends of justice would be met by disposing of the petition with an appropriate direction, rather than adjudicating the legality of the impugned transfer order in detail. 8. Accordingly, the writ petition is disposed of with a direction to the respondent authorities not to act upon the impugned transfer order dated 29.09.2023 (Annexure P/1) insofar as it relates to the petitioner. However, it is made clear that the respondent authorities shall be at liberty to pass appropriate orders in respect of transfer of the petitioner, strictly in accordance with law and the applicable transfer policy, in the event of any genuine administrative exigency arising in future. 9. With the aforesaid observations and directions, the writ petition stands disposed of. No order as to costs. Sd/- (Amitendra Kishore Prasad) Shayna JUDGE