1 2026:CGHC:1919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 309 of 2026 1. Ms. Farha Khan D/o Late Zakiur Rahman Khan Aged About 35 Years C/o Abeda Khan Near Aysha Masjid, Vallabh Nagar, Priyadarshini Nagar, Raipur, District- Raipur (C.G.) ... Petitioner versus 1. State of Chhattisgarh Through Its Secretary, Tribal And Schedule Caste Development, Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur (C.G.) 2. The Collector Raipur Collectorate Building Raipur (C.G.) 3. Commissioner Tribal And Schedule Cast Development, Department, Block - 4, D, Ground Floor, Indrawati Bhawan, Atal Nagar, Raipur (C.G.) 4. Divisional Commissioner Raipur Division Office Of Divisional Commissioner, Kutchery Chowk, Raipur (C.G.) 5. Assistant Commissioner, Tribal Development, Collectorate Premises, District- Raipur (C.G.) ... Respondents For Petitioner : Mr. Bhaskar Payashi, Advocate For Respondents : Mr. Vinay Pandey, Dy. Advocate General. SB: Hon’ble Mr. Justice Part Prateem Sahu Order on Board 13/01/2026 1. Petitioner has filed this petition seeking following reliefs:- “10.1. That, this Hon’ble Court may kindly be pleased to call for SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2026.01.15 10:37:15 +0530 2 the entire records from the Respondent authorities for its perusal. 10.2. That this Hon’ble Court may kindly be pleased to set aside/quash the impugned posting order dated 05.01.2026 (Annexure P-15) issued by the Respondent No.03. 10.3. That this Hon’ble Court may kindly be pleased to direct the respondent authorities to post the petitioner in present place of posting or any other Hostel in District Raipur, lying vacant including Hostel of Grade “C” and Grade “B” 10.4. That this Hon’ble Court may kindly be pleased to direct the Respondent authorities to decide the objection raised by the petitioner in respect of benefit of single woman as provided by the police and duly followed by respondent/Authorities of District and Division Level Committee. 10.5. Any other relief, which may be deemed fit and proper in the facts and circumstances of the case, may also be allowed.” 2. Learned counsel for petitioner submits that petitioner, a single lady, was appointed as Hostel Superintendent Grade ‘D’ and posted at Pre-Metric Anusuchit Jati Kanya Chatrawas, Sorangs, Baikunthpur. Vide order dated 20.9.2022, petitioner was transferred and posted at Divisional Model Schedule Caste Girls Aashram, Raipur. This transfer order of petitioner was challenged by one Rashmi Rai, who was transferred from Divisional Model Schedule Caste Girls Aashram, Raipur to Naveen Post Metric Aadiwasi Kanya Hostel, Pt. Ravishankarr Shukl University Campus, Raipur, by filing writ petition bearing 3 WPC No.6260/2022, which came to be dismissed vide order dated 20.6.2024. Thereafter, in order to accommodate said Rashmi Rai, petitioner was posted at Govt. Pre-Metric Anusuchit Jati Kanya Chatrawas, Tilda vide order dated 5.7.2024 against which petitioner preferred WPC No.4176/2024 and this Court while considering the grounds raised in writ petition, vide order dated 26.7.2024 had stayed the effect and operation of order of transfer of petitioner and since then petitioner is working at her present place of posting. 3. He contended that respondent authorities have initaited proceeding for promotion of Hostel Superintendent Grade-D to Hostel Superintendent Grade -C. Petitioner along with others was found eligible and accordingly promoted to the post of Hostel Superintendent Grade ‘C’ vide order dated 10.6.2025. He submits that posting of promoted Hostel Superintendent Grade ‘C’ is to be made only after initiating counseling process in accordance with guidelines issued by the State Government in this regard. Hostel Superintendents, who are senior in gradation list, are to be called for counselling first and thereafter juniors thereto accordingly. Due to interim order dated 26.7.2024 passed in favour of petitioner, the authorities were of the view that posting of petitioner is not to be disturbed and therefore, petitioner was not called for counseling. However, other promoted Hostel Superintendents Grade-C were called in counselling proceeding and there is every chance that juniors to 4 petitioner in gradation list might have also been called in that process and according to vacany places opted by those Hostel Superintendents, they might have been posted at vacant place of their choice in Raipur or nearby. 4. He submits that subsequently the authorities have sought opinion from superior official, who opined that as the stay order is with regard to posting of petitioner as Hostel Superintendent Grade ‘D’, therefore, for posting of petitioner on promotional post, interim order will not come in way in any manner and only thereafter petitioner was called for counseling at later point of time when most of the places were occupied by other promoted Hostel Superintendent Grade ‘C’. In the aforementioned process and action of respondent authorities, petitioner being a single lady is deprived to opt a better place for her posting as Hostel Superindent. 5. He further submits that as per policy formulated by the State Government, single lady holding the post of Hostel Superintendent is to be given preference in posting. Petitioner, who was posted within the city of Raipur, has now been given posting at Adiwasi Kanya Ashram Khofsa, Block Basna, District Mahasamund, which is interior area of District Mahasamund and petitioner being single lady will face difficulties for all small things in particular for medical facilities. He also submits that along with petitioner, her age old mother is also residing who is suffering with various age old diseases and needs regular 5 medical care. Petitioner has already submitted representation before respondent No.3 for redressal of her grievance, however, till date no decision has been taken on representation submitted by petitioner. 6. Learned State Counsel would submit that respondent authorities have conducted counseling proceeding in accordance with guidelines issued by the State Government in this regard. At this stage, he is not in a position to counter the arguments advanced by learned counsel for petitioner that petitioner was called subsequently in counseling proceeding. He, however, does not dispute submission of learned counsel for petitioner that in counselling proceeding petitioner was considered for posting on promotional post only after receipt of opinion of the Additional Secretary, Tribal Welfare Department, Raipur dated 12.12.2025. He further submits that petitioner has already submitted representation for redressal of her grievance, if that representation of petitioner is not decided till date, it will be considered and decided by the authority concerned in accordance with law at the earliest. 7. Heard learned counsel for parties and perused the documents annexed along with writ petition. 8. Submission of learned counsel for petitioner is that pursuant to interim order passed by this Court in writ petition filed by petitioner against her transfer, even after issuance of promotion order of petitioner, initially she was not called for counselling 6 proceeding. However, it appears that respondent authorities have taken abundant caution that disturbing place of posting during currency of interim order may amount to violation of the order passed by this Court. According to the policy formulated by the State Government with respect to posting of promoted Hostel Superintendent, firstly seniors in gradation list are to be called for counselling, which may have the purpose that senior promoted Hostel Superintendents are to be given preference to opt vacant place for their posting. 9. Letter, which is relied upon by learned counsel for petitioner, is dated 12.12.2025 and a glance of which would show that authority has opined that posting of petitioner pursuant to the order of promotion will not in any manner violate interim order passed by this Court as petitioner has already been promoted and therefore, interim order has become ineffective. The policy of the State Government also provides that single lady/single woman is to be given preference in posting. 10.From the facts pleaded by petitioner and documents which are enclosed, it is appearing that initially petitioner was not called in counseling process for posting on promotional post i.e. Hostel Superintendent Grade C. If that be so, respondent authority concerned will be appropriate authority to consider grievance of petitioner and therefore, instead of entering into merits of this writ petition, I find it appropriate to dispose of this writ petition, at this stage, permitting petitioner to submit fresh comprehensive 7 representation before respondent No.3 for redressal of her grievance. 11.Consequently, this writ petition stands disposed of permitting petitioner to submit fresh comprehensive representation along with all relevant documents before respondent No.3 for redressal of her grievance as portrayed in this petition, raising all the grounds as urged in this petition, within 10 days from today. In the event, petitioner submits such a representation, respondent No.3 shall consider and decide the same, by adopting a pragmatic approach, in accordance with law expeditiously, preferably within a period of three weeks from the date of receipt of representation. 12.Till the decision is taken on representation of petitioner, status quo, as it exists today, with respect to place of posting of petitioner shall be maintained by the parties. 13.Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-