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2025 DAILYLAW 7795 (CHH)

MANHAR RAM BAGHEL v. STATE OF CHHATTISGARH

WPS/1151/2025 · 2025-02-12

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:7444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1151 of 2025 1 - Manhar Ram Baghel S/o Late Lakhmu Ram Baghel Aged About 54 Years Working As Forest Ranger, Kanger Ghati National Park Jagadalpur / Office Of Park Circle Officer Koleng Forest Division Jagadalpur District Bastar (C.G.). ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary / Under Secretary, Department Of Forest And Climate Change, New Mantralaya, Mahanadi Bhawan New Raipur, District - Raipur (C.G.). 2 - The Principal Chief Conservator Of Forest And Chief Of Forest Force, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.). 3 - The Chief Conservator Of Forest Circle - Jagadalpur, District - Baster (Jagadalpur) (C.G.). 4 - The Divisional Forest Officer, Division Jagadalpur, Bastar Dist. Baster (Jagadalpur) (C.G.). ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. R. S. Patel, Advocate For State/Respondent(s) : Mr. S. S. Choubey, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.02.14 17:05:37 +0530 2 Order on Board 12/02/2025 1. Heard Mr. R. S. Patel, learned counsel petitioner as well as Mr. S. S. Choubey, learned Panel Lawyer for State/respondents. 2. By way of this writ petition, the petitioner has prayed for following reliefs: “10.1 This Hon'ble Court may kindly be pleased to issue an appropriate writ and direct the respondents to amend the posting/transfer order dated 17.01.2025 (Annexure P/1), in the interest of justice. 10.2 This Hon'ble Court may kindly be pleased to issue an appropriate writ and direct the respondent authorities to decide the representation dated 20.01.2025 (Anx. P/3) of the petitioner, in the interest of justice. 10.3 This Hon'ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the petitioner is not challenging the any particular order posting/transfer order dated 17.01.2025 passed by the respondent No. 1, whereby the petitioner has been posted new place i.e Durg Forest Circle (In charge of Flying Squad) from the Sukma Forest Division, which is one kind of transferred because changing of place is a transfer. The name of the petitioner is mentioned at Serial No. 03 of the order, but he wants to amend the new place of posting. On 3 15.10.2024, the respondent No.1 has issued promotion order whereby the petitioner has been promoted as Ranger from the post of Dy. Ranger his name is mentioned at Serial No.08 of the Promotion order. Thereafter, on 20.01.2025 the petitioner has made representation to the respondents for changing of the new place of the posting on the grounds that his retirement period is due short period i. e. two year and no one is posted in his present place of working. As the petitioner is going to be retired within short period and in such time on promotion he has been transferred to Durg Forest Circle (In charge of Flying Squad) from the Sukma Forest Division, as such he is challenging the transfer order. However, after arguing for some time learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to file representation before the authorities concerned as the petitioner is going to be retired within short period i. e. two year. 4. On the other hand, learned counsel appearing for the State opposes the submission and submits that the transfer order has rightly been passed which is not required to be interfered with. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the submissions made by the parties, the petitioner is directed to file a fresh representation raising all his grievances before the authorities concerned within a period of two weeks 4 and, in turn, the concerned authorities are directed to decide the said representation within a period of four weeks, in accordance with law. Till then there shall be stay of impugned transfer order passed against the petitioner. 7. With this observation and direction, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi