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2026 DAILYLAW 13827 (CHH)

KRISHAN KUMAR TIWARI v. STATE OF CHHATTISGARH

WPS/9478/2025 · 2026-01-01

Shri Parth Prateem Sahu

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 3 2026:CGHC:162 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9478 of 2025 Krishan Kumar Tiwari S/o Shri R.P. Tiwari, Aged About 47 Years Posted As Medical Lab Technologist Primary Health Centre Junapara Takhatpur District Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2 - Deputy Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 3 - Collector, Bilaspur District Bilaspur (C.G.) 4 - Chief Medical And Health Officer, District Bilaspur (Cg.) 5 - Vikash Kumar Yadav, Primary Health Centre Pali Takhatpur, District Bilaspur (C.G.) ... Respondent(s) For Petitioner : Ms. Zainab Vanak, Advocate For State : Mr. Mayur Khandelwal, Panel Lawyer Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.01.02 17:50:03 +0530 2 / 3 SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 02/01/2026 1. Petitioner has filed this writ petition seeking following reliefs: “10.1 That this Hon'ble Court may kindly be pleased to set- aside/ quash the transfer order Dated 28.06.2025 (Annexure P/1) issued by the Collector, Bilaspur (in respect of petitioner). 10.2 To kindly grant any other writ/ writs, order/ orders, relief reliefs in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner submits that petitioner is working on the post of Medical Lab Technologist and posted at Primary Health Centre, Junapara Takhatpur. He has been transferred to Primary Health Centre, Pali Takhatpur on his own expenses vide order dated 28.06.2025 along with other employees. However, petitioner subsequently got knowledge that prior to passing of order of his transfer, respondent No.5 is posted at Primary Health Centre, Pali Junapara vide order dated 26.06.2025 passed by respondent No.1 against which petitioner submitted representation before respondent No.4, however, it has not been considered. She submits that post at transferred place is not vacant and therefore petitioner, till date, is working at earlier place i.e. Primary Health Centre Junapara Takhatpur. 3. On the other hand, learned counsel for the State opposes submission of learned counsel for the petitioner and submits that order impugned is passed by Collector, however, petitioner has not submitted any representation before the Collector or any other higher authority. 4. I have heard learned counsel for the parties and also perused the documents annexed along with this writ petition. 3 / 3 5. Grievance of the petitioner is that he was transferred from Primary Health Centre Junapara Takhatpur to Primary Health Centre Pali Takhatpur. However, post of Lab Technologist at Primary Health Centre Pali Takhatpur is not vacant pursuant to posting of respondent No.5 by order dated 26.06.2025 passed by respondent No.1, as stated by counsel for petitioner and, petitioner is still working at Junapara. 6. In the aforementioned facts of case, I find it appropriate to dispose off this writ petition at this stage permitting the petitioner to submit fresh representation before respondent No.3/Collector raising all grounds as raised in this writ petition within a period of 10 days from today and if such representation is submitted by the petitioner, respondent No.3 shall consider and decide the same in accordance with law, expeditiously, preferably within a period of three weeks from the date of receipt of representation. 7. Till decision is taken on the representation to be submitted by the petitioner, status quo as it exists today with regard to place of posting of petitioner, shall be maintained by the parties. Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen