Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 19342 (CHH)

AKHILESH KAUSHIK v. STATE OF CHHATTISGARH

WPS/4271/2026 · 2026-05-14

Shri Bibhu Datta Guru

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:23308 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4271 of 2026 1 - Akhilesh Kaushik S/o Shri Sadanand Kaushik Aged About 40 Years R/o Care Of Raghunath Singh Thakur, Near Star Kid Play School, District Mungeli (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Health And Family Welfare Department, Capital Complex Mahanadi Bhawan Atal Nagar Nava Raipur District Raipur (C.G.) 2 - Directorate Health Services Chhattisgarh State Nodal Agency Through Project Director,swasthya Bhawan,ivth Floor, North Block Sector 19, Atal Nagar Nawa Raipur (C.G.) 3 - Project Director (Operations) State Nodal Agency Chhattisgarh Swasthya Bhawan,ivth Floor North Block,sector19 Atal Nagar Nawa Raipur (C.G.) 4 - Chief Medical And Health Officer Mungali, District Mungeli C.G. ... Respondents For Petitioner : Mr. Ishwar Prasad Rathore, Advocate. For Respondents/State : Mr. Y.S. Thakur, learned Addl A.G. with Ms. Sakshi Bajpai, Panel Lawyer Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 15/05/2026 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.05.15 18:27:03 +0530 2 1. By the present petition, the petitioner, who is working on contractual basis in the respondent Health Department, is questioning the impugned order dated 06/05/2026 Annexure P- 1, by which, his posting place has been changed from one district to another. 2. Learned counsel appearing for the parties submit that the issue involved in this petition, has already been considered and decided by this Court vide judgment dated 12/05/2026 passed in WPS No.4121/2026 & other connected matters (Amit Patel Vs. State of C.G. & Ors) wherein this Court held as under:- “11. As far as transfer/posting of an employee from one place to another is concerned, in the matter of Union of India and others v. S.L.. Abbas reported in (1993) 4 SCC 357, it has been observed by the Supreme Court that transfer/ posting is an incidence of Government service. Who should be transferred where is a matter for the appropriate authority to decide. Unless the order of transfer/ posting is vitiated by mala fides or is made in violation of statutory provisions, the Court cannot interfere with it. Therefore, this Court does not find illegality or infirmity in the order passed by the learned Single Judge. 12. For the foregoing and considering the limited scope of interference available to this Court under Article 226 of the Constitution of India in matters where the decision has been taken by an expert statutory body, this Court does 3 not find any good ground to interfere in the matter. 13. Accordingly, all the writ petitions are dismissed. ” 3. Having considered the rival submissions made by learned counsel for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this appeal is identical to WPS No.4121/2026. 4. Accordingly, the present petition is dismissed in terms of the order dated 12/05/2026 passed in WPS No.4121/2026. SD/- (Bibhu Datta Guru) Judge Amardeep