Extracted from the PDF above. The PDF is authoritative.
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CGHC010354942026
2026:CGHC:39783
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6671 of 2026 Dr. Rajmani Patel S/o Shri Bhupdeo Singh Patel Aged About 55 Years Assistant Professor (Chemistry) R/o 151/ B, Maitri Vihar Radhika Nagar, Bhilai District- Durg (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Higher Education Mantralaya Mahanadi Bhawan Naya Raipur Atal Nagar District- Raipur (C.G.) 2 - Under Secretary Department Of Higher Education Mantralaya Mahanadi Bhawan Naya Raipur Atal Nagar, District- Raipur (C.G.) 3 - Commissioner Directorate Of Higher Education Block-3 Second/ Third Floor Indrawati Bhawan Naya Raipur, Atal Nagar, District- Raipur (C.G.) 4 - Hemchand Yadav Vishwavidyalaya Durg Through- Registrar Hemchand Yadav Vishwavidyalaya Durg Raipur Naka District- Durg (C.G.) 5 - Vice Chancellor Hemchand Yadav Vishwavidyalaya Durg Raipur Naka District- Durg (C.G.)
... Respondent(s) (Cause title is taken from Case Information System) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.09.15 18:00:11 +0530
2 For Petitioner : Mr. Chandresh Shrivastava, Advocate For Respondents/ State : Ms. Apurva Nigam, Panel Lawyer For Respondents No.4 & 5: Mr. Neeraj Choubey, Advocate Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 1109/2026
1. By way of the present writ petition, the petitioner seeks a direction to respondents No.4 & 5 to relieve him in compliance with the
order dated 14.08.2026 (Annexure P/1) whereby his deputation was brought to an end, and further seeks a direction to permit him to join at his new place of posting, i.e. Government V.Y.T. Post Graduate Autonomous College, Durg (C.G.).
2.
Learned counsel for the petitioner submits that the petitioner, an Assistant Professor (Chemistry), was appointed through the Public Service Commission vide order dated 12.11.2012 and joined on 04.12.2012. Thereafter, he was sent on deputation to Hemchand Yadav Vishwavidyalaya, Durg as Deputy Registrar vide order dated 05.10.2018 and continued there for more than seven years. He further submits that as the prescribed period of deputation had already expired, the State Government, vide order dated 14.08.2026, ended his deputation and posted him at Government V.Y.T. Post-Graduate Autonomous College, Durg, with a direction to join within seven days. Learned counsel further submits that despite repeated requests and representations made by the petitioner, respondent Nos.4 & 5 have failed to relieve him
3 from the University, thereby preventing him from joining his new place of posting. Hence, the present petition.
3.
Learned counsel appearing for the respondent-University submits that during the period of deputation, the petitioner is holding the charge of Examination Controller and his immediate relieving may adversely affect the conduct of examinations. It is, therefore, submitted that the University has approached the State Government for reconsideration of the repatriation order and for making an alternative arrangement, which request is presently pending consideration.
4. Learned State counsel submits that the State Government has already passed the order dated 14.08.2026 repatriating the petitioner to his parent department and that the present petition is confined to seeking a direction to respondents No.4 & 5 to relieve the petitioner from his deputation.
5. I have heard learned counsel for the parties and perused the material available on record.
6. From perusal of the record, it is clear that the petitioner has remained on deputation for more than seven years and has already been repatriated to his parent department vide order dated 14.08.2026. This Court further finds that the ground urged by the respondent-University that the functioning of the Examination Controller would be affected cannot, by itself, justify withholding the petitioner from being relieved pursuant to the
4 repatriation order. Once the competent authority has passed the
order of repatriation, the respondent-University is required to relieve the petitioner in compliance thereof.
7. As far as the request made by the University to the State Government for reconsideration or for making an alternative arrangement is concerned, it is a matter between the University and the State Government and cannot be a ground to indefinitely withholding the petitioner from being relieved pursuant to the repatriation order.
8. In view of the foregoing, and particularly considering that the petitioner’s deputation has already been brought to an end by the competent authority vide order dated 14.08.2026, respondents No.4 & 5 are directed to relieve the petitioner from the deputation and permit him to join his parent department at the place of posting mentioned in the said repatriation order.
9. Accordingly, the present writ petition is allowed to the extent indicated above.
10. It is, however, open to the respondent-University to approach the State Government for making an appropriate alternative arrangement in respect of the post/charge of Examination Controller, in accordance with law. Sd/-
(Bibhu Datta Guru)
JUDGE $. Bhilwar