1 2026:CGHC:21500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9074 of 2022  Sumit Kumar Yadav S/o Late Narayan Lal Yadav Aged About 35 Years Assistant Grade-3, Janpad Panchayat Berla, District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhavan Mantralaya, Atal Nagag, Naya Raipur, District : Raipur, Chhattisgarh 2. Director Panchayat Directorate, Vikas Bhawan, Sector-19, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 3. Chief Executive Officer Jila Panchayat, Bemetara, District : Bemetara, Chhattisgarh 4. Chief Executive Officer Janpad Panchayat, Berla, District : Bemetara, Chhattisgarh 5. Chief Executive Officer Janpad Panchayat Bemetara, District : Bemetara, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Sushobhit Singh, Advocate For State : Mr. Anmol Sharma, P.L. For Respondent No. 4 : Ms. Shruti Yadav, Advocate on behalf of Mr. Amrito Das, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board Digitally signed by AJINKYA PANSARE Date: 2026.05.11 16:40:45 +0530 2 7.5.2026 1) By way of this petition, petitioner has sought following reliefs:- 10.1 That, the Hon'ble Court may kindly be pleased to set-aside/quash the impugned order dated 28.11.2022 (Annexure P/1) so far as relates to the transfer of the petitioner, in the interest of justice. 10.2 That, the Hon'ble Court may kindly be pleased to issue appropriate direction directing the respondents to allow the petitioner to perform his duties at the present place of posting, in the interest of justice 10.3 Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed. 2) Facts of present case are that petitioner was initially appointed to the post of Assistant Grade-III in Janpad Panchayat Berla vide order dated 30.6.2008. His services are governed by Chhattisgarh Panchayat (Recruitment and General Conditions of Service) Rules, 1999 [hereinafter to be referred as ‘Rules of 1999’]. Services of petitioner were transferred from Janpad Panchayat Berla to Janpad Panchayat Bemetara by Chief Executive Officer, Zila Panchayat Bemetara vide order dated 28.11.2022. Petitioner has challenged the said order on the ground that it is contrary to the provisions of Rule 27 of Rules of 1999. 3) Learned counsel for the petitioner submits that State Government vide notification dated 11.12.2015 has amended the Rule 27 of the Rules of 1999 and Chief Executive Officer of Zila Panchayat 3 has no authority to transfer the services of an employee from one Janpad Panchayat to another Janpad Panchayat. 4) On the other hand, learned counsel appearing for the respondents would oppose. They submit that services of petitioner have not been transferred, rather the services of petitioner have been attached with Janpad Panchayat Bemetara for better administration of work. They further submit that Chief Executive Officer being the appointing authority has right to transfer/ attach the services of an employee falling under its jurisdiction and such transfer/ attachment would not affect the seniority of the employee. They contend that this petition is misconceived and liable to be dismissed. 5) I have heard learned counsel for the parties and perused the material available on record. 6) The Rule 27 of Rules of 1999 reads as under :- 27. पंचायत क्቞ चारिय क अन्य पंचायत ्቞ नियሹኌत. इ निय्቞ ्቞ अन्तብኌ्ቖ निकसी बात क हो त हुए भी, नियሹኌत ቚኋधि&क अन्य पंचायत क पंचायत सी क क्቞ चा क आद पं्ቔ पं, ऐसी निबा& ए शत, पं, जि. पं द  पंचायत क बाचा पं्ቢ सीहो्቞नित हो , पंचायत सी क ऐसी क्቞ चा क उसी पंद पं य सी्቞तल्य पंद पं निम्लि4खि6त शत, क अ& नियत क सीक गा, अቕኋ त9 :- (एक) ऐसी नियሹኌत पंद ्ቐनित सी भी . पं हो; क .एगा। (द ) इसी ቚኋक नियत ्ቤሹኌत क , रि्቗त क ቚኋय . क लि4य पंद क उसी सीगा ्቞, जि.सी पं हो नियत निकय गाय हो , कनि्቗त ?क ቚኋप्त हो गा, .Aसी निक ऐसी नियሹኌत क त6 क ሹኌBनित ቕኋ 1 [:] 2[* * *] 4 7) A careful perusal of the order impugned would indicate that services of petitioner have been attached with Janpad Panchayat Bemetata till further orders. The Rule 27 of Rules of 1999 would not apply in this case as the order dated 28.11.2022 is not a transfer order, rather it is an order of attachment. Furthermore, Chief Executive Officer of Zila Panchayat being the appointing authority has right to attach the services of its employee for better administration of work and petitioner has not established that the aforestated order of attachment would affect his seniority or service conditions. 8) Taking into consideration the above discussed facts, no case is made out for interference. Consequently, this petition fails and is hereby dismissed. 9) Interim relief granted earlier stands vacated. 10) No order as to cost(s). Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k ya