1 2026:CGHC:4616 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4219 of 2021 1 - K.K. Singh S/o R. L. Singh Aged About 57 Years R/o G Type A-2, Nehru Nagar East, Sada Staff Quarter, Ward No. 02, Motilal Nehru Nagar, Bhilai, District Durg Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration Department, Mahanadi Bhawan, Atal Nagar, Raipur District Raipur Chhattisgarh 2 - Commissioner Municipal Corporation Bhilai, District Durg Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. P. Chetan Kumar, Advocate For State / Respondent No. 1 : Mr. Rohitashva Singh, Dy. GA For Respondent No. 2 : Mr. Pankaj Agrawal, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 28/01/2026 Challenge in this writ petition is to an order dated 18.07.2021 (Annexure P-1) passed by the respondent No. 2 by which the petitioner who was working as senior sanitary inspector with the respondent No. 2 was relived to perform the function at newly constituted Municipal Corporation, Risali. 2. Learned counsel for the petitioner submits that the petitioner was working as a Senior Sanitary Inspector with respondent No. 2. The State PAWAN KUMAR Digitally signed by PAWAN KUMAR Date: 2026.01.29 15:46:39 +0530 2 Government took a decision to constitute a separate Municipal Corporation, Risali, by carving it out from the geographical area of Municipal Corporation, Bhilai (respondent No. 2). For the smooth functioning of the newly constituted Municipal Corporation, Risali, several employees of Municipal Corporation, Bhilai were allocated to Municipal Corporation, Risali. In pursuance thereof, the impugned order (Annexure P-1) was passed, directing the release of the petitioner. He further submits that at the time of filing of the writ petition, the petitioner was about 57 years of age and was suffering from serious ailments, including cancer, for which he requires regular medical treatment. Considering the medical condition of the petitioner, this Court, by order dated 12.08.2021, stayed the effect and operation of the impugned order (Annexure P-1). The said interim order continues till date, as a result of which the petitioner is still discharging his duties with Municipal Corporation, Bhilai. It is further submitted that the petitioner is now at the verge of retirement and is due to retire in the month of October, 2026 upon attaining the age of superannuation. Learned counsel submits that if the petitioner is required to work under Municipal Corporation, Risali at this stage, it may create difficulties with regard to the settlement and payment of his retiral dues, particularly due to the transfer of service records from Municipal Corporation, Bhilai to Municipal Corporation, Risali. He further submits that the physical condition of the petitioner is extremely poor, and he faces considerable difficulty in commuting from his residence to his workplace. The distance between his residence and the office of Municipal Corporation, Bhilai is approximately 2–3 kilometers, which he manages with the assistance of his family members. However, the office of Municipal Corporation, Risali is situated at a distance of about 10 kilometers, and commuting such a long distance would be extremely painful and difficult for the petitioner in his present medical condition. It is also submitted that the petitioner is entrusted with 3 sanitation-related duties, which are physically demanding in nature, and if the impugned order is not set aside, it would cause grave hardship to the petitioner, particularly in view of his serious medical ailments. On these grounds, learned counsel prays that the impugned order be set aside. 3. Learned counsel for the respondents opposes the submissions advanced on behalf of the petitioner and submits that pursuant to a proposal sent by the Collector, Durg, the State Government took a policy decision to bifurcate the Municipal Corporation, Bhilai into two parts. Consequently, a new Municipal Corporation, namely Municipal Corporation, Risali, was constituted, and several employees were allocated to the newly created Municipal Corporation, Risali. It is further submitted that the distance between Municipal Corporation, Bhilai and Municipal Corporation, Risali is hardly about 10 kilometers, and if the petitioner is able to commute a distance of about 2 kilometers, he can reasonably travel an additional distance of 6–8 kilometers. However, learned counsel fairly concedes that the petitioner is suffering from serious medical ailments. Nevertheless, it is submitted that the posting of the petitioner is an exigency of service, and therefore, no interference is warranted by this Court in exercise of its writ jurisdiction. Accordingly, it is prayed that the writ petition be dismissed. 4. Heard learned counsel for the parties and perused the records. 5. A perusal of the record and the medical documents appended with the writ petition clearly indicates that the petitioner has suffered from cancer and continues to remain under prolonged medical treatment. His medical condition is serious, and in view thereof, it would be difficult for him to discharge his duties at Municipal Corporation, Risali. Undoubtedly, transfer is an exigency of service; however, in deserving and exceptional cases, interference by this Court is warranted. Upon perusal of the medical documents placed on record, this Court is satisfied that indulgence is 4 required in the present case. 6. Another relevant aspect is that while issuing notice to the respondents, this Court had granted an interim order staying the effect and operation of the impugned order. It is not in dispute that pursuant to the said interim order, the petitioner continues to serve with Municipal Corporation, Bhilai. As submitted by learned counsel for the petitioner, the petitioner is due to retire in the month of October, 2026 upon attaining the age of superannuation. Thus, only about ten months of service remain. Considering the petitioner’s serious medical condition, the subsistence of the interim order and the fact that the petitioner is nearing retirement, this Court finds it appropriate to interfere with the impugned order. 6. In view of above, this writ petition is allowed and the impugned order Annexure P-1 is set aside. Sd/- (Sachin Singh Rajput) JUDGE Pawan