1 2025:CGHC:37677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1241 of 2023 Ravi Dewangan S/o Shri Somnath Dewangan Aged About 36 Years Presently Posted As Training Officer (Trade-Fitter) I.T.I. Raigarh, District Raigarh, R/o Sattigudi Chowk, Raigarh Tehsil And District Raigarh (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Skill Development, Technical Education And Employment Department, Indravati Bhawan, Block-4, First Floor Atal Nagar, Nawa Raipur, Tehsil And District Raipur, Chhattisgarh. Pin 492002. 2 - Chairman Co-Ordination Committee, General Administration Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh Pin 492002. 3 - Principal Industrial Training Institute (I.T.I.) Raigarh, District Raigarh, Chhattisgarh, Pin 496001. 4 - Smt. Jyoti Samuel Training Officer, (Trade-Fitter) I.T.I. Lailunga, District Raigarh, Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rohitashva Singh, Advocate For Respondents No.1 to 3 : Mr. Abhishek Singh, P.L. For Respondent No.4 : Mr. Syed Majid Ali, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 31.07.2025 1. The petitioner has filed this petition with the following relief(s):- “10.1. That Hon'ble Court may kindly be pleased to call for the entire records pertaining to the WPS/7178/2022. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.08.02 16:51:41 +0530 2 10.2. That. Hon'ble Court may kindly be pleased to issue wit/writs, order/orders direction/directions to quash and set aside the impugned transfer order dated 30/09/2022 and relieving order dated 26/12/2022 so far as it relates to the petitioner. 10.3. That, Hon'ble Court may kindly be pleased to issue writ/writs, order/orders, direction/directions to Respondent authorities to decide the representation made by the Petitioner sympathetically and on humanitarian grounds. 10.4. Any other relief that the Hon'ble court may deem fit in the facts and circumstances of the case may also be granted in favor of the petitioners against the respondents.” 2. Learned counsel for petitioner submits that aggrieved with his order of transfer, petitioner has filed WPS No.7178/2022 which was disposed on 14.11.2022 of with a direction to petitioner to submit representation before the Committee constituted under Transfer Policy and interim protection of 'no coercive steps' was granted in favour of petitioner. Pursuant to interim order, petitioner continued to work in ITI, Raigarh, he submitted representation on 21.11.2022 before the Committee, but till date same has not been considered and decided. Pending consideration the representation, petitioner has been relieved on 26.12.2022 mentioning that period of six weeks of interim protection granted 3 in favour of petitioner is completed. The entire action of the respondents is discriminatory and deserves to be quashed. 3. On the other hand, learned State counsel opposes the submissions advanced by learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 5. It has been reflected from the record that during the pendency of the writ petition, the Co-ordinate Bench of this Court vide order dated 10.02.2023, has been granted an order of stay in favour of the petitioner to the effect that purely as an interim measure, it was directed that effect and operation of Annexure P-4 dated 26.12.2022 shall remain stayed till the next date of hearing. 6. Having heard learned counsel for the parties and upon perusal of the record, it is evident that the petitioner has assailed the transfer order primarily on the ground of arbitrariness and malafide intention, asserting that the same was not issued on any genuine administrative ground. It is also not in dispute that the Co-ordinate Bench of this Court had already granted interim protection to the petitioner vide order dated 10.02.2023. 7. It is well-settled that although transfer is an incident of service and falls within the administrative domain of the employer, such discretion must be exercised fairly and in accordance with established policies. Arbitrary or frequent transfers, particularly 4 without valid justification, disrupt the service conditions and cannot be sustained in law. 8. In the facts and circumstances of the present case, and in view of the passage of time, this Court is of the considered view that the impugned transfer order has lost its practical significance. Accordingly, the impugned transfer order 26.12.2022 is held to be arbitrary and unsustainable and is hereby quashed. However, liberty is reserved to the State to issue fresh and appropriate orders regarding the posting of the petitioner, strictly in accordance with law, rules, and the applicable transfer policy, if administrative necessity so requires. 9. With the aforesaid observations and directions, the writ petition stands disposed of. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Yogesh