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2026 DAILYLAW 29518 (CHH)

PREMLAL BHARDWAJ v. THE STATE OF CHHATTISGARH

WPS/5704/2026 · 2026-07-28

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010282292026 2026:CGHC:32515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5704 of 2026 Premlal Bhardwaj S/o Late Shri Sitaram Bhardwaj Aged About 43 Years Presently Posted As Teacher (L.B.) At Govt. Middle School Madiyakachaar, Block Lailunga, District- Raigarh (C.G.) Permanent R/o Village Karumauha, Block Kharsia, District- Raigarh (C.G.) ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Director, Directorate Of Public Instrucations, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - The Joint Director, Education Division Bilaspur, Tarbahar Chowk Ghoda Dana School, District- Bilaspur (C.G.) 4 - Collector, Raigarh, District- Raigarh (C.G.) 5 - District Education Officer Raigarh, District- Raigarh (C.G.) ... Respondents (Cause title is taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.07.29 18:43:09 +0530 2 For Petitioner : Mr. Roop Ram Naik, Advocate For Respondent/ State : Mr. Shahil Singh, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 29/07/2026 1. Learned counsel for the petitioner submits that the petitioner, who is working as a Teacher (L.B.), is suffering from Chronic Myeloid Leukemia (Blood Cancer) and 80% locomotor disability, while his 10-year-old daughter is suffering from 75% intellectual disability (Down Syndrome) and is undergoing continuous treatment at AIIMS, Raipur. He submits that though the petitioner was transferred under the rationalization policy from Government Middle School Naharpali, Block Kharsia to Government Middle School Madiyakachhar, Block Lailunga, the present writ petition is not directed against the transfer order. Rather, the petitioner seeks a direction to the respondent authorities, particularly respondent No.2, to consider and decide his representations dated 15.06.2026 (Annexure P/1) in terms of Clause 1.10 of the State Government Transfer Policy, 2025, and to post him at a suitable place near his home block, considering his serious medical condition and that of his minor daughter. 2. Per contra, learned State counsel opposes the submission of the petitioner and submits that the petitioner has already been relieved from his present place of posting. However, it is fairly submitted that if the petitioner submits a representation before the Committee constituted under Clause 8 of the State Transfer 3 Policy, the same shall be considered and decided in accordance with law. 3. I have heard learned counsel for the parties and perused the documents available on record. 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 after submission of the representation. 5. With the aforesaid direction and liberty, the present writ petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar