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2025 DAILYLAW 6494 (CHH)

ASHWANI VERMA v. STATE OF CHHATTISGARH

WPS/828/2025 · 2025-01-29

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:5356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 828 of 2025 1 - Ashwani Verma S/o Shri Milan Singh Verma Aged About 44 Years Occupation Service Presently Posted As Assistant Grade - Ii At Office Of Sub Divisional Officer (Revenue) Giroud District - Balodabazar- Bhatapara (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary Revenue And Disaster Management Department Mantralaya Mahanadi Bhawan Capital Complex Nawa Raipur District - Raipur (C.G.) 2 - Collector Balodabazar District - Balodabazar - Bhatapara (C.G.) 3 - Additional Collector Balodabazar District - Balodabazar - Bhatapara (C.G.) 4 - Shri Surendra Dubey Assistant Grade Iii Collectorate Office Balodabazar District - Balodabazar - Bhatapara (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Sunil Sahu, Advocate For State/Respondents No.1 to 3 : Shri Abhishek Gupta, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 29/01/2025 1. The petitioner is aggrieved by the order of transfer dated 20.01.2025 (Annexure P-1) passed by respondent No. 3 by which the services of Digitally signed by GOPAL SINGH Date: 2025.02.03 18:23:33 +0530 2 petitioner is transferred from the office of Sub Divisional Officer (Revenue) Giroud, Distt. Balodabazar-Bhatapara (C.G.) to the office District Collector Balodabazar as a Reader of Additional Collector and the services of the respondent No. 4 is attached in place of the petitioner though there is complete ban in the attachment of the services and the impugned transfer order is a frequent transfer order because the petitioner has been transferred earlier on 09.09.2024 from the Tahsil office Kasdol to the office of SDO (Revenue) Giroud and in compliance of the order he has joined at Giroud on23.09.2024 within the short period of 4 months again his services is transferred only to accommodate the respondent No. 4. Hence the present petition. 2. Following reliefs have been sought in this petition: “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ by quashing the order impugned dated 20.01.2025 (Annexure P-1) which relates to petitioner. 10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner together with cost of the petition.” 3. Learned counsel appearing for the petitioner submits that within 3 months the petitioner has been posted at two different places by the Collector and as such the impugned order dated 20.1.2025 (Annexure P1) is required to be interfered with. 4. On the other hand, learned counsel appearing for the State/respondents No.1 to 3 submits that the impugned order is with respect to posting of the petitioner as Assistant Grade-II and there is no illegality in the order. At this stage, learned counsel for the petitioner submits that the children of the petitioner are 3 going to appear in the annual examinations and the posting order has been passed before the said examinations, as such the petitioner may be given some time to file a representation before the authorities concerned so that they may consider the grievance of the petitioner and till then the order impugned may be stayed. 5. Considering the facts and circumstances of the case and considering the fact that the impugned order is an order of posting passed by respondent No.3/Additional Collector, the petitioner is permitted to file a representation before the concerned Collector and the Collector is directed to decide the same within 3 weeks keeping in mind that the children of the petitioner are going to appear in the examination of Class 8th and board examination of Class 10th which are scheduled to be held in the month of March, 2025. 6. Till decision on the representation of the petitioner is taken by the Collector, the effect and operation of the impugned posting order dated 20.1.2025 (Annexure P1) is stayed only on the ground that one of the children of the petitioner is going to appear in the board examination of Class 10th. 7. The petitioner is directed to file the representation within 10 days and the authorities concerned are directed to decide the representation within 3 weeks. 8. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh