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2026 DAILYLAW 31951 (CHH)

TAKESHWAR KAUSHIK v. STATE OF CHHATTISGARH

WPS/6185/2026 · 2026-08-17

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010320362026 2026:CGHC:36726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6185 of 2026 1 - Takeshwar Kaushik S/o Shri Premlal Kaushik Aged About 43 Years R/o Village Samariya, Post Jhirauni, Tehsil Lohara, District Kabirdham C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya Mahanadi Bhawan, Atal Nagar Nava Raipur District Raipur C.G. 2 - Director Public Instructions Indrawati Bhawan Atal Nagar Nava Raipur District Raipur C.G. 3 - District Education Officer, Kabirdham, District Kabirdham C.G. ... Respondents (Cause title taken from CIS) For Petitioner : Mr. Aniket Verma, Advocate For Respondents/State : Ms. Diksha Gouraha, Dy.G.A. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 18.08.2026 1. By way of present petition, the petitioner is questioning the impugned transfer order dated 06/08/2026 Annexure P-1, whereby the service of the petitioner has been transferred from AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.08.19 17:08:50 +0530 2 Government Secondary School, Semariya, Block Lohara to Government Middle School, Block Kritbandha, District Kabirdham. 2. Learned counsel for the petitioner submits that the petitioner is working as a Shiksha Karmi Grade-II and is a person with 45% disability. He has been posted at his present place of posting since his initial appointment. However, by the impugned transfer order, the petitioner has been transferred to Government Middle School, Block Kritbandha, District Kabirdham, which is situated approximately 42 kilometers away from his present place of posting. It is submitted that, in view of his physical disability, the petitioner would face considerable hardship and difficulty in commuting to the transferred place of posting. Learned counsel, therefore, submits that the respondent authorities may be directed to consider the petitioner’s prayer for posting at a place nearer to his present place of posting. 3. Learned counsel for the respondents/State, on instructions, submits that, in respect of transfers of employees of the State Government, the State Government has constituted a Committee to consider the grievances of employees arising out of transfer orders. Clause 8 of the said Transfer Policy provides that any employee aggrieved by an order of transfer may submit a representation before the said Committee within a period of 15 days. Learned counsel further submits that, in the event the petitioner approaches the said Committee by filing a 3 representation, the Committee shall consider and decide the same in accordance with law and the applicable Transfer Policy within a period of 25 days from the date of filing of such representation. 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. In view of the submissions advanced by learned counsel for the parties, and particularly considering that the petitioner has 45% disability, it is directed that the petitioner shall approach the Committee constituted under Clause 8 of the Policy by filing a representation within a period of 10 days from the date of receipt of a copy of this order. In the event such representation is filed, the said Committee shall consider and decide the petitioner’s representation, in accordance with transfer policy, within a period of 25 days from the date of filing of such representation. Till the period of 35 days, the impugned transfer order dated 06.08.2026, (Annexure P-1), insofar as it relates to the petitioner, shall remain stayed. 6. The petitioner is at liberty to apprise the Committee with regard to the order passed by this court. 7. With the aforesaid direction, the present petition stands disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep