1 / 4 2026:CGHC:5100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1079 of 2026 Dr. Ramprasad Tirkey S/o Late Shri Maniram Tirkey , Aged About 47 Years Working As Medical Officer, (Incharge Block Medical Officer,) Community Health Centre, Rajpur, District- Balrampur - Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Chief Medical And Health Officer, Balrampur, District- Balrampur - Ramanujganj (C.G.) 3 - The Collector, District- Balrampur - Ramanujganj (C.G.) ... Respondent(s) For Petitioner : Mr. D.N. Prajapati, Advocate For Respondents : Mr. Aditya Tiwari, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 29/01/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order, thereby setting- Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.01.30 10:42:50 +0530 2 / 4 aside/quashing the impugned order dated 11/08/2025 & 12/01/2026 and further be pleased to direct the respondent authorities to allow the petitioner to continue at his present place of posting. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel for the petitioner submits that vide order dated 26.06.2025, petitioner was transferred from Community Health Centre, Rajpur, District- Balrampur to Community Health Centre Biharpur, Surajpur on his own expenses. Petitioner has not submitted any application for his transfer at any point of time and therefore petitioner has raised an objection of his transfer on his own expenses. Accordingly State Govt. has issued amended order dated 11.08.2025 mentioning that transfer of petitioner to be read as on administrative ground in place of own expenses. He contended that amended order is passed on 11.08.2025. However, pursuant to order of transfer petitioner was not relieved till 12.01.2026. Petitioner being a doctor is giving his services in the Community Health Centre where he was earlier posted. The date of order of his relieving is in mids of the academic session. Children of the petitioner is studying in St. Xavier School, Rajpur, District Balrampur and therefore if petitioner is to join at his transferred place of posting, studies of children will be adversely affected. He also contended that according to his instructions, no other doctor is posted in place of petitioner. 3. Learned counsel for the State submits that by the order of transfer dated 26.06.2025 along with petitioner, about 57 other doctors have 3 / 4 also been transferred and therefore it cannot be said that transfer of petitioner is malafide or arbitrary exercise of power. However, he submits that according to direction issued by this Court in post lunch session for verifying the fact that whether any other doctor is posted at the place of petitioner at Community Health Centre, Rajpur, District Balrampur he submits that according to information gathered from Block Medical Officer, at Community Health Centre, Rajpur, no other doctor is posted. 4. On due consideration of submission of learned counsel for the parties in particular fact that petitioner could not made out a case that petitioner is transferred in contravention of any statutory rules or his transfer is malafide, I do not find any good ground to interfere with the order of transfer of petitioner. I find support from the cases of Shilpi Bose (Mrs.) and Ors. Vs. State of Bihar and Ors. 1991 Supp (2) SCC 659, Union of India and Ors. Vs. S.L. Abbas (1993) 4 SCC 357 and Punjab and Sind Bank and Ors Vs. Durgesh Kuwar (2020) 19 SCC 46. Accordingly, prayer of petitioner seeking quashment of order of transfer of petitioner is rejected and the writ petition to that extent is dismissed. 5. However, considering the submission of learned counsel for the petitioner for giving some protection for a limited period on the ground that children of petitioner are pursuing their studies in school at Rajpur and final examination in the school are about to commence, taking support of decision of Hon’ble Supreme Court in case of S.K. Nausad Rahaman & Ors. Vs. Union of India & Ors. reported in (2022) 12 SCC 1 and in case of Director of School Education, 4 / 4 Madras & Ors. Vs. O. Karuppa Thevan & Anr reported in (1994) Supp (2) SCC 666, it is directed that order of transfer of petitioner shall remain in abeyance till 31st march 2026 and further, respondents are directed to permit the petitioner to work in Community Health Centre, Rajpur, District Balrampur till 31st March 2026. 6. With the aforesaid observation and direction writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Praveen