1 2026:CGHC:23026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12010 of 2025 Dev Kumar Patel S/o Late Pareshwar Lal Patel Aged About 43 Years Assistant Grade-02, Presently Posted At Tehsil OfÏce, Kharsiya, Distt. Raigarh, Chhattisgarh, R/o At Shree Ram Colony Ward No. 21 Raigarh, 496001. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Upper Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Chhattisgarh. 2 - The Collector District- Jashpur, Chhattisgarh. 3 - The Collector District- Raigarh, Chhattisgarh. 4 - The Sub-Divisional OfÏcer (Revenue) Farsabahar, District- Jashpur, Chhattisgarh. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.05.15 19:10:08 +0530 2 5 - Thte Tehsildar Tehsil OfÏce, Kharsiya, District- Raigarh, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Rakesh Jha, Advocate along with Shri Siddharth Ojha, Advocate For Respondent(s) : Shri Aditya Tiwari, Panel Lawyer Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 14.05.2026 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 Issue a writ of certiorari or any other appropriate writ, order, or direction to quash the impugned transfer order No. ESTB/4239/2025- REVENUE/Saat-2 dated 30.06.2025 and subsequent orders posting the Petitioner to Tehsil OfÏce, Kharsiya, District-Raigarh. 10.2 Issue a writ of mandamus directing Respondent No. 1 to re- post the Petitioner to Tehsil OfÏce, Farsabahar, District- Jashpur, and restore his seniority rank of 28 in the Assistant Grade-02 cadre. 3 10.3 Direct Respondent No. 3 to release the Petitioner's pending salary for the month of August and september with immediate effect. 10.4 Grant any other relief(s) as this Hon'ble Court may deem just and proper in the facts and circumstances of the present case; 10.5 And for this act of kindness, the petitioner as in duty bound shall ever pray.” 2. Learned counsel for the petitioner submits that the petitioner, working as Assistant Grade-II in the Revenue and Disaster Management Department and posted at Tehsil OfÏce, Farsabahar, District-Jashpur, has been transferred vide order dated 30.06.2025 (Annexure-P/1) to the ofÏce of the Collector, District Raigarh. In the said order, the name of the petitioner is at S.No.47. Subsequently, the ofÏce of the Collector, Raigarh, by order dated 20.8.2025 (Annexure-P/4) posted him at Tehsil OfÏce, Kharsiya, District Raigarh. It is submitted that the petitioner was holding seniority rank No. 28 in Jashpur district and had bright promotional prospects due to impending retirements of senior employees, however, on transfer to Raigarh district his seniority has been reduced to around rank 4 No. 67, thereby seriously prejudicing his future promotion. Learned counsel further submits that the transfer has been made without any request from the petitioner and without any administrative exigency, contrary to the Transfer Policy dated 05.06.2025 governing transfer of Class-III employees. It is also contended that the respondents failed to consider the petitioner’s serious personal hardships including ailments of his mother, mental illness of his wife, and his own medical condition. The impugned order was issued without assigning reasons or granting opportunity of hearing, in violation of principles of natural justice and Article 14 of the Constitution of India. He also pointed out that considering the difÏculty to be faced by the District cadre employees transferred out of District, State Government under the transfer policy dated 05.06.2025 made provision, in particular Clause 3.14 that the district cadre and the divisional cadre employees to be posted within the district and division respectively. The application/ representation of similarly situated employee namely Shri Krishna Kumar Sinha, Asst. Gr. II who was also transferred from Raipur division to Bastar division has been considered by the committee constituted under the transfer policy and 5 recommended for cancellation/ amendment of his order of transfer taking note of Clause 3.14 based on the recommendation made by the committee under the transfer policy by the State Government. Learned counsel for petitioner by placing relevant documents for perusal of this Court also contended that thereafter the State Government has forwarded the recommendation made by the committee to the Secretaries of the concerned departments. 3. Learned counsel for State submits that the committee constituted under the transfer policy has considered representation submitted by petitioner and the same has not been properly addressed. However petitioner submits that if the claim of petitioner is that similar situated employee who was transferred by the impugned order and his claim on the same ground is considered by the committee then petitioner can submit a fresh representation before the concerned committee bringing facts about the decision taken on the application submitted by Shri Krishna Kumar Sinha, Asst. Gr. II. 4. I have heard learned counsel for the respective parties and also perused the record. 6 5. Learned counsel for the State would submit that post of Assistant Gr. II in the revenue department is of divisional cadre post. State Government in the transfer policy dated 05.06.2025 has taken note of the difÏculties to be faced by the employees of district cadre or the divisional cadre if they are transferred to another district or another division and has made specific provision that transfer of district cadre employee and the divisional cadre employee will be within the district and within the division. 6. Admittedly, transfer of petitioner is from one division to another division i.e. from Jashpur (Surguja Division) to Raigarh (Bilaspur Division) which may affect seniority as also promotional prospects of petitioner. 7. In the aforementioned facts of the case and further considering that in the transfer policy State Government in Clause 3.14 has specifically mentioned that transfer of district cadre and the divisional cadre employees will be within the district and division, in the opinion of this Court, transfer of petitioner vide order Annexure P-1 dated 30.06.2025 is not sustainable, accordingly impugned order of transfer Annexure 7 P-1 dated 30.06.2025, so far as it relates to petitioner, is quashed. 8. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib