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CGHC010253132026
2026:CGHC:28906
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5070 of 2026 1 - Smt. Ebrensiya Tirkey W/o Jivan Minj Aged About 61 Years (Wrongly Mention In The Order Embrensiya Tirkey), Presently Working On The Post Of Panchayat Secretary And Posted At Village Panchayat - Chalani Janpad Panchayat - Bagicha Distt Jashpur Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development Mahanadi Bhawan New Raipur, Distt Raipur Chhattisgarh 2 - The Chief Executive Officer Zila Panchayat - Jashpur, District Jashpur Chhattisgarh 3 - Chief Executive Officer Janpad Panchayat - Bagicha, District Jashpur Chhattisgarh 4 - Ramkumar Yadav Working On The Post Of Panchayat Secretary, Posted At Village Panchayat - Dumarkona Janpad Panchayat - Bagicha, District Jashpur Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. A.N. Pandey, Advocate For Respondents/State : Mr. Y.S. Thakur, A.A.G. with Ms. Sakshi Bajpai, Panel Lawyer. (Hon’ble Shri Justice Bibhu Datta Guru)
Order on Board 10/07/2026 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.07.13 18:32:45 +0530
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1. Challenge in this petition is to the order dated 02/06/2026 (Annexure P-1) issued by the respondent No.2, by which, the petitioner, who is working on the post of Panchayat Secretary, has been transferred from village Panchayat, Chalni to village Panchayat Dumarkona, Janpad Panchayat, Bagicha, Distrcit Jashpur.
2.
Learned counsel for the petitioner submits that the petitioner is working as a Panchayat Secretary and has not completed two years of service at her present place of posting. Learned counsel submits that within a short span, the petitioner has been transferred and posted to different Gram Panchayats, which is contrary to Clause 1.4 of the Transfer Policy issued by the State Government. Learned counsel further submits that the petitioner has only about one year and six months of service remaining before attaining the age of superannuation. Therefore, the impugned transfer order is arbitrary and liable to be set aside.
3.
Learned counsel for the respondents/State would oppose the aforesaid submission and submits that the order impugned has been passed looking to the administrative exigency and there is no illegality or infirmity in the said order. The transfer policy as stated by petitioner is not applicable for the transfer of Panchayat Secretary.
4. I have heard learned counsel for the parties, perused the pleadings and the documents.
5. From bare perusal of pleadings and documents, it is manifest that
3 / 3 the petitioner has been posted in the post of village Panchayat Secretary and the order impugned has been passed due to administrative exigency, which is purely administrative in nature.
6. It is a settled law that transfer is an incident of Service and that who should be transferred where, is for the appropriate authority to decide. It is also well settled that unless the order of transfer is vitiated by mala fides or is made in violation of any statutory provisions, the Court cannot interfere with it.
7. Accordingly, the writ petition, being devoid of merits, deserves to be and is hereby dismissed. SD/- (Bibhu Datta Guru)
Judge Amardeep