1 2026:CGHC:14835 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 237 of 2026 1. B.R. Mandavi S/o J.N. Mandavi Aged About 61 Years Working In The Post Of Project Officer, I C D S Gurur, District Balod, R/o Beside I C D S Ofice, Gurur, District Balod C.G. ... Petitioner versus 1. State of Chhattisgarh Through The Secretary, Women And Child Development Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur C.G. 2. The Under Secretary, Women And Child Development Department, New Raipur, District Raipur C.G. 3. Transfer Committee, Through Its Chairman, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur C.G. 4. District Program Officer, Women And Child Development, District Balod C.G. ... Respondents For Petitioner : Mr. T.K. Tiwari, Advocate For Respondents : Mr. Gary Mukhopadhyay, Additional Advocate General. S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 30/03/2026 1. Heard on IA No.2/2026, application for exemption from appearance. SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI 2 2. On the last date of hearing, this Court considering submission made by learned State Counsel that even after repeated letters sent to the department concerned, the Officer In- charge is not appointed, therefore, reply could not be filed in the matter, directed for personal appearance of respondent No.1 through virtual mode today. 3. Learned State Counsel made submission that respondent No.1 is on duty, out of State, under the Election Commission, therefore, due to unavoidable circumstances, she is unable to appear before this Court as directed and sought exemption from personal appearance of respondent No.1. He submits that in her place the Principal Secretary is appearing virtually. 4. Considering the pleadings made in application, submission of learned State Counsel, IA No.2/2026 is allowed. Respondent No.1 is exempted from personal appearance before this Court today. 5. Learned counsel for petitioner submits that the petitioner, who is holding post of Project Officer and posted at Gurur, District Balod, is transferred to Katghora, District Korba. Petitioner is aged about 61 years and according to Clause 3.12 of the Transfer Policy, the employees, who are having less than one year of service, can be posted in their home district or in the nearby place on their option. Respondents have not 3 considered very clause of Transfer Policy while transferring the petitioner. 6. Learned State Counsel submits that according to reply submitted, petitioner has joined at the transferred place of posting. 7. Mr. Sonmoni Borah, Principal Secretary, Govt. of Chhattisgarh, Raipur appears through virtual mode and submits that he has gone through the pleadings made in writ petition, in particular pleadings made that petitioner is now aged about 61 years and according to transfer policy, if petitioner is to be shifted now from his present place of posting then he can be posted in home district or nearby place. He submits that if petitioner will submit representation before respondent No.1 raising grievance as raised in this writ petition, it will be considered in accordance with law, in the light of transfer policy formulated by the State Government. 8. Heard learned counsel for the respective parties as also the Principal Secretary appearing through virtual mode. 9. From the pleadings made in writ petition, it is not in dispute that age of petitioner has been shown as 61 years. According to Clause 3.12 of the Transfer Policy, if a government employee is left with one year of service only, then such employee can be posted in his/her home district or at the district of his/her option. 4 10. In the aforementioned facts of the case and further considering submission made by the Principal Secretary, Govt. of CG, Raipur before this Court through virtual mode, I find it appropriate to dispose of this writ petition at this stage permitting petitioner to submit representation before respondent No.1 with a direction to respondent No.1 to consider and decide the representation to be submitted by petitioner in accordance with law expeditiously. 11. Consequently, this writ petition stands disposed of at this stage, permitting petitioner to submit comprehensive representation before respondent No.1 raising all the grounds as raised in this writ petition. If such a representation is submitted by petitioner, respondent No.1 shall consider and decide the same in accordance with law, taking note of Clause 3.12 of the Transfer Policy, expeditiously, preferably within a period of three weeks from the date of receipt of such representation. 12. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge roshan/-