1 2025:CGHC:5581 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 859 of 2025 1 - Pramod Kumar Gupta S/o Late Loknath Gupta Aged About 36 Years Presently Working On The Post Of In-Charge Circle Organizer, Janpad Panchayat - Pratappur Distt- Surajpur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Schedule Cast And Schedule Tribe Development New Raipur, Distt- Raipur-(C.G) 2 - Commissioner Tribal Schedule Cast And Schedule Tribe Development New Raipur, Distt-Raipur-(C.G.) 3 - Collector (Tribal Development) Surajpur, Distt- Surajpur (C.G) 4 - Assistant Commissioner (Tribal Development) Surajpur Distt- Surajpur (C.G) 5 - Block Education Officer Block- Pratappur, Distt- Surajpur (C.G) 6 - Ranjay Kumar Singh Presently Working On The Post Of Headmaster (Primary School) Posted At Govt. Primary School - Sadakpara Block- Pratappur, Distt- Surajpur (C.G) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. A.N. Pandey, Advocate For State :- Mr. Abhishek Gupta, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Order On Board 30.01.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to set aside of the impugned orders dated 9.1.2025 issued by the respondent no.3 ANNEXURE P/1. 10.2 Any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that vide order dated 09.01.2025, the petitioner has been transferred back to his original place of posting i.e. Govt. Middle School Piparpara, Songara, Block-Pratappur. He submits that the petitioner is presently appointed on the post of Assistant Returning Officer, Janpad Panchayat Pratappur for conducting the Panchayat Election 2025 by the District Election Officer Surajpur on 24.12.2024, therefore, as per Rule 27 of the Chhattisagrh Panchayat Nirvachan Niyam 1995, the petitioner cannot be transferred/change the posting place. As such, the order dated 09.01.2025 is illegal, bad in law and requires to be quashed. He submits that there are other grounds available with the petitioner challenging the said transfer order. He also submits that he may be given liberty to file a representation raising all his grievances before the concerned respondent authority to consider and decide the claim of the petitioner. 3 3. On the other hand, learned counsel appearing for the State opposes the submission and submits that the transfer order of the petitioner has been passed on administrative basis, which is absolutely correct and requires no interference. 4. Considering the submissions made by the parties, and further considering the aforesaid aspect of the matter, the petitioner is granted liberty to file a representation raising all his grievances before the authorities concerned within a period of 10 days 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 30 days from the date of receipt of such representation, in accordance with law. 5. However, till the decision of the said representation, the transfer order dated 09.01.2025 in respect of the petitioner shall be kept in abeyance. 6. With the aforesaid observation(s)/direction, the instant petition is hereby disposed off. Sd/- (Amitendra Kishore Prasad) Judge Vishakha