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2026 DAILYLAW 28839 (CHH)

MEN PRAKASH SAHU v. STATE OF CHHATTISGARH

WPS/5581/2026 · 2026-07-23

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010283752026 2026:CGHC:31709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5581 of 2026 Men Prakash Sahu Son Of Shri Ramaunj Sahu, Aged About 33 Years Presently Posted As Lecturer (Physics), Government Girls Polytechnic College Koni, Bilaspur, District Bilaspur, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of Skill Development, Technical Education And Employment, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2. Under Secretary, Department Of Skill Development, Technical Education And Employment, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3. Director, Directorate Of Technical Education, Fourth Floor, Block -3, Indrawati Bhawan, Atal- Nagar, Nava Raipur, Chhattisgarh 4. Pricipal, Government Girls Polytechnic College Koni, G. E. C. Campus Koni, District Bilaspur, Chhattisgarh 5. Shri Sandeep Kumar Soni, Lecturer (Physics), Government Girls Polytechnic College Bijapur, Bijapur, District Bijapur Chhattisgarh ... Respondent(s) For Petitioner : Mr. Amrito Das, Senior Advocate along with Mr. Yashkaran Singh, Advocate For Respondent/ State : Mr. Lav Sharma, P.L. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 24/07/2026 JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.07.25 13:20:41 +0530 2 1. Learned counsel for the petitioner submits that the petitioner has challenged the transfer order dated 16.07.2026, whereby he has been transferred from Government Girls Polytechnic College, Koni, Bilaspur to Government Polytechnic College, Bijapur on the ground of administrative exigency. It is submitted that the petitioner's wife is suffering from an acute mental disorder and, considering her medical condition, the petitioner was earlier posted at Bilaspur to facilitate her treatment. It is further submitted that the impugned transfer to Bijapur, where adequate medical facilities are not available, would seriously prejudice the treatment of his wife and adversely affect the welfare of his six-year-old child. Learned counsel further submits that the petitioner had submitted a representation dated 18.07.2026 before the competent authority highlighting the aforesaid circumstances, including the availability of several vacant posts in and around Bilaspur District, but the same has not yet been considered. 2. Per contra, learned State counsel opposes the petition and submits that the petitioner has already been relieved from his present place of posting vide order dated 20.07.2026. However, it is fairly submitted that if the petitioner submits a representation before the Committee constituted under Clause 8 of the State Transfer Policy, the same shall be considered and decided in accordance with law. 3. I have heard learned counsel for the parties and perused the record. 3 4. Considering the nature of the grievance raised by the petitioner and the submission of the learned State counsel, without expressing any opinion on the merits of the case, the petitioner is granted liberty to submit a fresh representation before the competent Transfer Committee under Clause 8 of the State Transfer Policy within a period of 10 days from today. If such representation is submitted within the aforesaid period, the Transfer Committee shall consider and decide the same by passing a reasoned order, strictly in accordance with law and the applicable Transfer Policy, preferably within a period of 15 days thereafter. 5. With the aforesaid observations and liberty, the present writ petition stands disposed of. Sd/- (Bibhu Datta Guru) JUDGE Jyoti