1 2026:CGHC:18046 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1726 of 2021 K. S. Kanwar S/o Shri Budhwara Singh Aged About 51 Years Occupation- Service (Posted As Hostel Superintendent At Govt. Engineer Vishwesarraiya Post Graduate College, Korba, District- Korba) R/o Kanberi Pandania, Korba, Tehsil And P.S.- Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Commissioner Secretariat Of Higher Education, Indravati Bhawan, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Shaheed Nand Kumar Patel University Raigarh Through Its Registrar, Raigarh, District- Raigarh,, District : Raigarh, Chhattisgarh 4 - Govt. Engineer Vishwesarraiya Post Graduate College Korba, Through Its Principal, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Rishi Sahu, Advocate For Respondent(s) : Mr. Vivek Siddharth Ojha, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 21/04/2026 1. The petitioner has filed this petition seeking the following relief(s):- 2 “10.1 That, this Hon'ble Court may kindly be pleased to issue a writ (S), order (S), direction (S) by quashing the impugned attachment order dated 06/02/2021 (Annexure P-1), so far, in respect and relates to the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to call the entire records from the respondents authorities for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.” 2. Learned counsel appearing for the petitioner would submit that presently the petitioner is working as Hostel Superintendent at Govt. Engineer Vishwesarraiya Post Graduate College, Korba, District Korba. He would further submit that on 06.02.2021, an order of attachment has been issued from the office of respondent No.1 and services of the petitioner have been attached to Shaheed nand Kumar Patel University, Raigarh. He would also submit that order of attachment has been passed in contravention of the circular issued by the State Government dated 04.06.2001, therefore, the instant petition may be allowed. 3. On the other hand, learned State counsel would submit that order of attachment was valid passed on account of administrative exigency as there was requirement of manpower for the functioning of the newly established University, which does not amount to punishment; thus, the petition filed by the petitioner is misconceived and deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents. 5. Vide order dated 17.03.2021, the effect and operation of the impugned order dated 06.02.2021 (Annexure P/1) was stayed by this Court and by virtue of the stay order, the petitioner is still working at his original 3 place of posting. Further, from a perusal of the order impugned dated 06.02.2021, passed by respondent No. 1, it is evident that the order of attachment is contrary to the Government circular dated 04.06.2001, wherein attachment of government servants is restricted. 6. Taking into consideration the facts discussed above and the circular dated 04.06.2001, the order of attachment issued to the petitioner is hereby quashed. The interim order granted earlier is also vacated. 7. However, the State authorities would be at liberty to take an appropriate decision with regard to the posting/transfer of the petitioner in accordance with law. 8. Accordingly, the petition is allowed. Sd/- Rakesh Mohan Pandey JUDGE Nadim