1 / 3 2026:CGHC:27350 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5013 of 2026 Chandrashekhar Mandavi S/o Shri Sukhmen Mandavi Aged About 31 Years Presently Posted As Radiograhper, Community Health Center, Orchha, Distt. Narayanpur Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare And Medical Education, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur Chhattisgarh 2. Director Department Of Health Services, Indrawati Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur Chhattisgarh 3. Joint Director Health Services, Bastar Division, Jagdalpur, Distt. Bastar Chhattisgarh 4. Chief Medical And Health Officer Narayanpur, District Narayanpur Chhattisgarh 5. Collector District Narayanpur Chhattisgarh 6. Community Health Center, Orchha District Narayanpur Chhattisgarh 7. Chief Medical And Health Officer, Kanker District North Bastar Kanker Chhattisgarh 8. Collector, Kanker District North Bastar Kanker Chhattisgarh 9. Community Health Center, Aamabeda District North Bastar Kanker Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. Gagan Pandey on behalf of Mr. Pritam Singh, Advocate For Respondents/ State : Mr. Lav Sharma, P.L. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.07.03 16:50:21 +0530 2 / 3 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 03/07/2026 1. Learned counsel for the petitioner submits that the petitioner has been transferred from Community Health Centre, Orchha, District Narayanpur to Community Health Centre, Amabeda, District Kanker vide transfer order dated 26.06.2025. It is submitted that both the places of posting are situated in Scheduled Areas of the State of Chhattisgarh. Learned counsel further submits that despite issuance of the transfer order, the petitioner has not been relieved from his present place of posting till date and, therefore, he is unable to join at the transferred place. 2. Learned State counsel, on instructions, referring to the Circular dated 07.01.2026, submits that the petitioner has not been relieved as no employee has yet been posted in his place. It is contended that in view of the said Circular, where an employee is transferred from a Scheduled Area to a Scheduled Area, such employee is not to be relieved until the substitute joins in his place. 3. I have heard learned counsel for the parties and perused the record, particularly the Circular dated 07.01.2026. 4. A plain reading of the Circular dated 07.01.2026 reveals that the embargo on relieving an employee operates only in cases where the transfer is from a Scheduled Area to a Non-Scheduled Area. 3 / 3 In the present case, admittedly, the petitioner has been transferred from Community Health Centre, Orchha, District Narayanpur to Community Health Centre, Amabeda, District Kanker, both of which are situated in Scheduled Areas. Therefore, the restriction contemplated under the Circular dated 07.01.2026 does not arise in the facts of the present case, and the respondents cannot withhold the relieving of the petitioner by placing reliance upon the said Circular. 5. In view of the above, the respondents are directed to relieve the petitioner in pursuance of the transfer order dated 26.06.2025, if there is no other legal impediment, within a period of 20 days from the date of receipt of a certified copy of this order. 6. Accordingly, the writ petition stands allowed in the above terms. Sd/- (BIBHU DATTA GURU) JUDGE Jyoti