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2026 DAILYLAW 29869 (CHH)

DINESH KUMAR YADAV v. STATE OF CHHATTISGARH

WPS/5744/2026 · 2026-07-29

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010291592026 2026:CGHC:32823 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5744 of 2026 Dinesh Kumar Yadav S/o Late S R Yadav Aged About 56 Years Working As Teacher (LB) And Posted At Govt. Middle Thuthi, Block Jaijaipur, District Sakti Chhattisgarh And R/o House No. 85, Old Somwari Bazar, Ward No. 05, Pamgarh, District Janjgir-Champa Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Chhattisgarh Public Instruction And President Directorate Level Committee Second Floor, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh 3 - Collector, Sakti District Sakti Chhattisgarh 4 - Collector, Janjgir Champa District Janjgir-Champa Chhattisgarh 5 - District Education Officer Sakti,district Sakti Chhattisgarh 6 - District Education Officer Janjgir Champa, District Janjgir-Champa Chhattisgarh SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.07.30 17:51:26 +0530 2 7 - Block Education Officer Block Jaijaipur, District Sakti Chhattisgarh 8 - Block Education Officer Block Pamgarh, District Janjgir-Champa Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Ramcharan Sahu, Advocate For Respondents/ State : Mr. Suyashdhar Badgaiya, Govt. Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 30/07/2026 1. By the present writ petition, the petitioner seeks a direction to the respondent authorities to consider and decide his pending representation (Annexure P/1) seeking transfer from his present place of posting to a school near his native place on medical grounds. 2. Learned counsel for the petitioner submits that the petitioner is working as a Teacher (L.B.) and is presently posted at Government Middle School, Thuthi, Block Jaijaipur, District Sakti. He submits that the petitioner has recently been diagnosed with a serious medical condition and is undergoing treatment. Owing to his serious medical condition, it has become extremely difficult for him to continue at his present place of posting, which is situated at a considerable distance from his native place at Pamgarh, District Janjgir-Champa. He further submits that the petitioner has submitted a representation before the competent authority seeking transfer to Government School Vyasnagar/Bargaon/ 3 Bhadra, Block Pamgarh, District Janjgir-Champa or any nearby school on medical grounds, but the said representation is still pending consideration. It is, therefore, prayed that a direction be issued to the competent authority to consider and decide the petitioner's pending representation within a stipulated period, in accordance with law. 3. On the other hand, learned State counsel submits that the school in which petitioner has sought her transfer comes within the Tribal Department and no representation is submitted before the concerned department. 4. At this stage, learned counsel for petitioner submits that though name of school is specified in the representation, however, petitioner is not interested to transfer at that particular school, however, petitioner is only making prayer that he may be transferred to any nearby place of district Janjgir-Champa so that he can take treatment for the disease with which he is suffering from. 5. I have heard learned counsel for the respective parties and also gone through the documents enclosed along with the writ petition. 6. Having considered the nature of grievance raised, submissions made by learned counsel for respective parties, also considering that petitioner has already submitted representation on 13.07.2026 before respondent authorities specifically pleaded in detail, assigning reasons for seeking transfer in district Janjgir- Champa or nearby place of her residence, on medical grounds 4 and ongoing medical treatment. 7. In the aforementioned facts of the case, this writ petition is disposed of, permitting the petitioner to submit a fresh representation along with all supporting medical documents before Respondent No. 1 and only if petitioner submits such a representation the concerned authority shall consider and take decision on the representation to be submitted by the petitioner, sympathetically in an objective manner, keeping in mind nature of disease with which petitioner is suffering from and the treatment taken by him, expeditiously, preferably within a further period of 03 weeks from the date of receipt of representation. 8. With the aforesaid observation and direction, this writ petition stands disposed of. Sd/- (BIBHU DATTA GURU) Judge $. Bhilwar