1 2026:CGHC:1632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 173 of 2025 1. Basant Kumar Ekka S/o Sgri Alphos Ekka Aged About 56 Years Caste Uraon, Posted As Assistant Engineer, Public Health Engineering, Sub Divisuion Patthalgaon, District- Jashpur (C.G.) ... Petitioner versus 1. State of Chhattisgarh Through The Under Secretary, Public Health Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur (C.G.) 2. The Executive Engineer Public Health Egineering,jashpur (C.G.) 3. R.K. Tandan Posted As Assistant Engineer Public Heath Engineering, Subdivision Devbhog, District-Gariyaband (C.G.) ... Respondents For Petitioner : Mr. J.K. Saxena, Advocate For Respondent No.1 & 2 : Mr. Vinay Pandey, Dy. Advocate General with Mr. Khulesh Sahu, Panel Lawyer For Respondent No.3 : Ms. Astha Shukla, Advocate SB: Hon’ble Mr. Justice Part Prateem Sahu Order on Board 12/01/2026 1. Challenge in this writ petition is to the order dated 1.1.2025 issued by respondent No.1 by which petitioner, who is working as Assistant Engineer and posted at Public Health Engineering, Sub-Division Patthalgaon, District Jashpur (CG), is transferred and posted at Public Health Engineering, Sub- SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2026.01.14 10:39:08 +0530 2 Division Devbhog, District Gariyabandh (CG) on administrative ground. 2. Learned counsel for petitioner submits that petitioner was initially posted as Assistant Engineer at Public Health Engineering, Sub-Division Patthalgaon, District Jashpur (CG). Vide order impugned, petitioner has been transferred to Public Health Engineering, Sub-Division Devbhog, District Gariyabandh (CG), which is under challenge in this writ petition. He submits that upon hearing the parties and considering the grounds raised in this writ petition, an interim order staying the effect and operation of impugned order was passed in favour of petitioner on 10.1.2025 and thereafter petitioner continued to work at Sub-Division Patthalgaon. However, on 27.11.2025 when the case was listed for hearing, counsel of petitioner could not appear before the Court and interim order passed in favour of petitioner was vacated. He submits that during pendency of writ petition, respondent authority concerned had passed an order on 23.5.2025 by which transfer order dated 1.1.2025 by which one Jageshwar Markam, Assistant Engineer was transferred from Sub-Division Gariyabandh to Sub-Division Sakti, was amended and he has been ordered to be transferred at Sub Division Devbhog District Gariyabandh i.e. place where petitioner has been 3 transferred by impugned order. As such, as of now, there is no vacant post for petitioner at the transferred place to join. 3. Learned State Counsel submits that in view of the order dated 23.5.2025 placed on record by learned counsel for petitioner along with Covering Memo dated 9.1.2026, he has sought instruction in the matter and as per instruction received by him from the Secretary, Public Health Engineering, Raipur, petitioner can submit representation before the authority concerned for redressal of his grievance, which will be considered expeditiously in accordance with law. 4. Learned counsel for respondent No.3 submits that after the interim order passed in favour of petitioner was vacated, petitioner was relieved and respondent No.3 has joined at Sub-Division Devbhog on 2.1.2026. 5. Heard learned counsel for respective parties and perused the documents available in record of writ petition. 6. It is not in dispute that petitioner was transferred vide order dated 1.1.2025 (Annexure P-1) and effect and operation of that order was stayed by this Court in this writ petition vide order dated 10.1.2025, based upon which petitioner continued to work at his present place of posting i.e. Sub Division Patthalgaon. During pendency of writ petition, an order was passed by respondent No.1 on 23.5.2025 posting another employee Jageshwar Markam at the transferred place of 4 petitioner i.e. Sub Division Devbhog. On 27.11.2025, interim order passed in favour of petitioner was vacated and as stated, respondent No.3 joined at the transferred place of petitioner on 2.1.2026 (Annexure D-3). 7. In the given facts of case, when respondent No.1 thought it appropriate to post another employee at transferred place of petitioner as early as on 23.5.2025, it is for respondent No.1 or competent authority to pass consequential order of posting of petitioner, which is not done. In absence of which, petitioner’s posting is nowhere. Therefore, this writ petition is disposed of permitting petitioner to submit representation before respondent No.1 within 10 days from today for redressal of his grievance. In the event, petitioner files representation before respondent No.1/competent authority, the same shall be considered and decided in accordance with law expeditiously, preferably within a further period of 03 weeks from the date of receipt of representation. 8. Till representation to be submitted by petitioner is decided, respondents are directed to allow the petitioner to work at his earlier place of posting i.e. Public Health Engineering, Sub- Division Patthalgaon, District Jashpur (CG). 9. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge