1 2026:CGHC:1661 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 196 of 2026 1 - Pradeep Kanher S/o Shri Sufal Kanher Aged About 37 Years Posted As Assistant Professor (Chemistry) And Associate Ncc Officer, Govt. M.V.P.G. College, Mahasamund, Cg, R/o Ward No. 04, Near Bethel Clinic, Basna, Tahsil And P.S. Basna, Distt. Mahasamund, Chhattisgarh, Presently R/o C/o Shri Santosh Dahariya, Raman Tola, Near Housing Board Water Tank, Mahasamund, Distt. Mahasamund, Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through Its Secretary, Higher Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh. 2 - The Commissioner Higher Education Department, Indravati Bhawan, Nawa Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh. 3 - The In Charge Officer Directorate Of Higher Education, Block 3, Iind And Iiird Floor, Indravati Bhawan, Nawa Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh. 4 - The Govt. Mahaprabhu Vallabhacharya Post Graduate College, Mahasamund Through The Principal, Distt. Mahasamund, Chhattisgarh. ... Respondents For Petitioner : Mr. Siddharth Pandey, Advocate For Respondents/State : Ms. Anuja Sharma, Dy. Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12/0 1/2026 1. The petitioner has filed this writ petition seeking following reliefs:- 2 “10.1 The Hon'ble Court may graciously be pleased to issue a writ/order/direction in the nature of mandamus, thereby quashing the impugned order dated 05.12.2025 (Annexure P/1) issued by respondent No. 3, and further be pleased to direct the respondents to let the petitioner serve at his present place of posting, i.e. Govt. Mahaprabhu Vallabhacharya Post Graduate College, Mahasamund, District Mahasamund, Chhattisgarh, in the ends of justice. 10.2 Any other relief which this Hon'ble Court deems fit and proper be awarded in favour of the petitioner, including the cost.” 2. Learned counsel for the petitioner submits that vide impugned order dated 15.12.2025 (Annexure P/1), petitioner has been transferred from Government Mahaprabhu Vallabhacharya Post Graduate College, Mahasamund, (C.G.) to Government Rajiv Lochan Post Graduate College, Rajim, District – Gariyaband (C.G.). He submits that the petitioner is working as Associate NCC Officers (AMO’s) in the present college. No prior permission/authority has been obtained before transferring the petitioner as mandated in Circular dated 18.02.1986 which is further reiterated in the Circular dated 14.10.1999. He also contended that that as per his instructions, in the transferred place of posting, there is no NCC Course and therefore also, the transfer of the petitioner is arbitrary. 3. He further submits that the petitioner has already submitted a representation before the Respondent No. 2 which is pending consideration. The Officiating Commanding Officer also wrote a letter on 23.12.2025 to the Principal, Government Mahaprabhu Vallabhacharya Post Graduate College, Mahasamund, (C.G.) requesting for cancellation of the transfer/attachment of the petitioner. As representation dated 06.12.2025 (Annexure P/6), till date, is not considered and decided and therefore, direction be issued to the Respondents to take decision on the pending representation wihtin specified time frame. 3 4. On the other hand, learned counsel for the Respondents/State submits that in view of the limited prayer made by counsel for the petitioner, she is having no objection. She also submits that the petitioner has already been relieved from the present place of posting on 22.12.2025 as per instructions and the representation submitted by the petitioner was rejected on 27.12.2025. 5. At this stage, learned counsel for the petitioner submits that the representation was submitted to the Officer who has passed the impugned order, therefore, he may be permitted to submit afresh representation before the Committee constituted under the Transfer Policy, 2025. 6. I have heard learned counsel for the parties and perused the documents placed on record. 7. On due consideration of the submission of counsel for the respective parties, facts and circumstances of the case, nature of grievance raised by the petitioner, without entering into the merits of the claim of petitioner, this writ petition at this stage is disposed of permitting the petitioner to submit afresh representation before the Committee constituted under the Transfer Policy, 2025 and if such a representation is submitted by the petitioner, concerned Committee shall consider and pass appropriate orders in accordance with law expeditiously, preferably within a further period of 03 weeks from the date of receipt of the representation. 8. With the aforesaid observation and direction, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.01.20 11:50:40 +0530