1 / 4 2026:CGHC:5916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1243 of 2026 • Leos Tirkey S/o Lt. Barnabas Tirkey Aged About 55 Years Posted As Sub- Engineer Office Of Executive Engineer, Public Works Department, Pathalgaon, Division- Pathalgaon, District- Jashpur (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary Public Works Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur (C.G.) 2. Committee Of Senior Secretaries Department Of General Administration Room No.6, Mantralay, Atal Nagar Nawa Raipur District Raipur (C.G.) 3. Deputy Secretary Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 4. Engineer-In-Chief Public Works Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 5. Executive Engineer Public Works Department, Pathalgaon, Division- Pathalgaon, District- Jashpur (C.G.) ... Respondents For Petitioner : Mr. Ashutosh Mishra, Advocate For Respondent-State : Ms. Anuja Sharma, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 03/02/2026 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 impugned recommendation of the Transfer Committee dated 01.09.2025 (Annexure P-1). 10.2 That this Hon’ble Court may kindly be pleased to set-aside/ quash the impugned transfer order dated 04.07.2025 (Annexure P- 2) issued by the respondent issued by the Deputy Secretary, Public Works Department (in respect of petitioner). PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 4 10.3 That, this Hon’ble Court may kindly be pleased to set aside/ quash the impugned relieving order dated 11.07.2025 issued by the Executive Engineer, Public Works Department, Pathalgaon, Division, Pathalgaon, District Jashpur. 10.4 To kindly grant any other writ/ writs, order/ orders, relief/ reliefs in favour of the petitioner, which the Hon’ble Court deemed fit and just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for petitioner submits that petitioner is holding post of Sub- Engineer (Class-III post) and was posted in the office of Executive Engineer, PWD, Pathalgaon, Division Pathalgaon. Petitioner is now transferred to the office of Executive Engineer, PWD, Sukma Division Sukma ie., from one scheduled area to difficult scheduled area. As of now, petitioner has continuously served in the scheduled area and therefore in view of the policy formulated by the State Government dated 03.06.2015, petitioner is entitled for his posting at a place in non-scheduled area. Petitioner is residing along with his old age mother aged about 85 years and she needs proper medical care and facilities looking to the old age related disease from which she is suffering and therefore also, petitioner is required to be posted at a place where proper medical facilities are available. He also contended that in the circular dated 03.06.2015, State Government taking note of the fact that in difficult scheduled area the employees aged about and more than 55 years may not get proper facility has taken a decision to not to post employees having age above 55 years in difficult scheduled area which is also not taken into consideration by the committee constituted under the transfer policy and has rejected the representation only on the ground that the order of transfer is on administrative ground. The dismissal of representation is mechanical and not by application of mind. Lastly, he contended that petitioner’s wife is working outside the State of Chhattisgarh and the petitioner is the only person to take care of his old age mother and therefore also representation of petitioner ought to have been consider in appropriate manner. 3 / 4 3. Learned State counsel opposes the submission of learned counsel for petitioner and would submits that the circular as formulated by the State Government is for convenience and it cannot be applied as a statute. Petitioner cannot claim as a matter of right to be posted at a particular place. The committee has considered the representation submitted by petitioner and rejected the same. Therefore, there is no ground in this writ petition for interference. 4. I have heard learned counsel for the parties and also perused the documents enclosed along with writ petition. 5. Grievance of petitioner is that petitioner is continuously posted for about 17 years in the scheduled area and he is having his old age mother aged about 85 years along with him. In the facts of the case, though the circular/ policy formulated by the State Government cannot be claimed and read as a statute, however, the policy based on the circular is formulated by the State government also to consider the difficulties of the employees posted and therefore the circumstances under which the employees cannot be posted in difficult scheduled area has been taken note of in the policy. 6. It is the case of petitioner that the mother of petitioner is aged about 85 years and in her old age she may require continuous medical attention also, it cannot be overlooked. Petitioner in this writ petition is pleaded her age to be 85 years. 7. Considering the entirety of the facts of the case, without entering into merits of the case, however, it is expected from the respondent-State being welfare State to take decision on the claim of petitioner if petitioner submits fresh representation raising all the grounds as raised in this writ petition. In view of above, this writ petition at this stage is disposed of permitting the petitioner to submit fresh representation before Respondent No. 1, being the head of department and passed order of transfer. If such a representation is submitted Respondent No. 1 shall consider and take decision taking 4 / 4 pragmatic approach in an objective manner, in accordance with law, and decide the same, expeditiously, preferably within a further period of 03 weeks from the date of receipt of copy of order passed by this Court. 8. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) pwn JUDGE