Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:940
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 38 of 2026 Smt. Yogita Sahu W/o Shri Devendra Kumar Sahu Aged About 46 Years Training Officer Fitter Grade, Industrial Training Institute, Arang, District Raipur (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Technical Education And Employment, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur (C.G.) 2 - Deputy Secretary Department Of Technical Education And Employment, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - Director Department Of Technical Education And Employment, Indrawati Bhawan, Naya Raipur, District- Raipur (C.G.)
... Respondents For Petitioner : Mr. C. Jayant K. Rao, Advocate For State : Mr. Lav Sharma, Panel lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 07/01/2026 ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.01.15 10:27:07 +0530
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1.
Learned counsel for the petitioner has filed this writ petition seeking following reliefs:- 10.1 That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus setting aside the order dated 30.10.2025 (Annexure p/1) whereby the petitioner has been transferred to Industrial Training Institute, Odgi, District Surajpur. 10.2 That, this Hon’ble Court may kindly be pleased to allow the petitioner to work in the present place of posting i.e. Industrial Training Institute, Arang, District Raipur. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.
2.
Learned counsel for petitioner submits that petitioner is working as Training Officer (Fitter trade) at Industrial Training Institute Arang, District Raipur vide order dated 30.10.2025. Petitioner was transferred from present place of posting to Industrial Training Institute, Odgi, District Surajpur. The order of transfer affected his children who are in their mids of academic year studying in Class 12th and Class 11th at Krishna Public School, Raipur. If petitioner is to join in compliance of
order in mids of the academic session the studies of two children of petitioner will be adversely affected and it may ruin the career of children also and, therefore, the impugned order of transfer be set aside. He submits that father-in-law of petitioner is aged about 80 years and petitioner has to take care of him also.
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3.
Learned counsel for State though raises an objection with regard to nature of submission made by learned counsel for petitioner, he however submits that if petitioner is aggrieved in any manner against the order of transfer, petitioner is having a remedy to file representation before the committee constituted under the transfer policy and the committee can take into consideration the grievances to be raised in an appropriate manner. He submits that if representation is already submitted by petitioner, it will be considered in accordance with law.
4. At this stage, learned counsel for petitioner would submit that though the petitioner has submitted a representation, dated 04.11.2025, however, it is not considered and no order has been passed till date. Petitioner has been relieved vide Annexure P-1 and therefore, interim protection be granted to petitioner till decision on representation is taken.
5.
Learned counsel for State submits that according to instructions, petitioner was relieved from the present place of posting, however, on putting specific query as to whether any other person has been posted in place of petitioner’s earlier posting, he submits that no permanent posting has been made, however, advertisement has been issued for guest faculty. 6. I have heard learned counsel for parties and also perused the documents enclosed along with this writ petition. 7. Petitioner along with this writ petition has enclosed a copy of fee receipt in the name of students mentioned as Sonal Sahu daughter of Devendra Kumar Sahu, student of Class XII which is dated 16.06.2025
4 / 5 and another fee receipt is of Ishika Sahu, daughter of Devendra Kumar Sahu, student of Class XI which is dated 16.06.2025. Name of husband of petitioner mentioned as Devendra Kumar Sahu. From the documents enclosed along with this writ petition it is appearing that two children of petitioner (female child) are studying in Class XII and XI which are crucial classes for selecting the further course in the college. Petitioner being mother of two female child she is having the responsibility to take care of them. Examination of Class XI and XII may be scheduled in the month of March or April i.e. within a period of two months and, therefore, if petitioner is permitted to joint the place of posting it will adversely affect the studies of both the girl child. 8. Petitioner has already submitted representation earlier on 04.11.2025, however, till date the representation submitted by petitioner before the committee constituted under the transfer policy, is unconsidered and undecided, therefore, I find it appropriate to dispose of this writ petition directing the committee constituted to take decision on pending representation submitted by petitioner on 04.11.2025, in accordance with law, expeditiously, preferably within a further period of 04 weeks from the date of receipt of the order. 9. Considering the decision taken in case of S.K. Naushad Rehman and Others Vs. Union of India 2022 Volume 12 SCC 1, Director of School Education, Madra & Ors. Vs. O. Karuppa Thevan & Anr.
Reported in (1994) Supp (2) SCC 666 and further considering the submission made by learned counsel for respective parties that no permanent posting has been made against the vacant post of posting after relieving the petitioner it is directed that petitioner shall be
5 / 5 permitted to continue in the current place of posting till decision on representation. 10. With the aforesaid observation and direction, this writ petition is
disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza