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2026 DAILYLAW 36392 (CHH)

KOMAL PRASAD PATEL v. STATE OF CHHATTISGARH

WPS/6865/2026 · 2026-09-20

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010361762026 2026:CGHC:40958 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6865 of 2026 Komal Prasad Patel S/o Shri Arjun Singh Patel Aged About 52 Years Posted As Assistant Development Extension Officer, Janpad Panchayat, Dabhara District Sakti (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 2 - The Under Secretary Government Of Chhattisgarh, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 3 - The Collector Sakti District Sakti (C.G.) 4 - The Chief Executive Officer Jila Panchayat Sakti, District Sakti (C.G.) 5 - The Chief Executive Officer Janpad Panchayat, Dabhra, Sakti, District Sakti (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Ajay Kumrani, Advocate For Respondents/ State : Mr. S. S. Baghel, Govt. Advocate SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.09.22 10:25:22 +0530 2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 21/09/2026 1. By the present writ petition, the petitioner seeks quashment of the impugned transfer order dated 31.08.2026 (Annexure P/1), insofar as it relates to the petitioner and further seeks a direction to the respondent authorities to consider and decide his pending representation. 2. Learned counsel appearing for the petitioner submits that the petitioner, who is presently posted as Assistant Development Extension Officer at Janpad Panchayat, Dabhra, District Sakti, has been transferred vide impugned order dated 31.08.2026 (Annexure P/1) to Janpad Panchayat, Katekalyan, District South Bastar Dantewada. He submits that the petitioner is himself suffering from 40% permanent hearing impairment, his mother, aged about 75 years, is bedridden, and his 21-year-old son has suffered permanent disability. By referring to Clause 1.11 of the Transfer Policy, learned counsel submits that the policy contemplates sympathetic consideration of cases involving disability of the employee or his family members. He submits that though the petitioner has already submitted a representation raising his aforesaid difficulties, however he submits that the petitioner may be permitted to submit a fresh representation before the competent Committee within ten days, with a direction to the said Committee to consider and decide the same within a stipulated period. 3 3. Learned State counsel fairly submits that if the petitioner submits a fresh representation before the Committee constituted under Clause 8 of the State Transfer Policy, the same shall be considered and decided in accordance with law. 4. I have heard learned counsel for the parties and perused the documents available on record. 5. Considering the nature of the grievance raised by the petitioner and the submission made by learned State counsel, 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. If such representation is submitted within the aforesaid period, the Transfer Committee shall consider and decide the same by passing a reasoned and speaking order, strictly in accordance with law and the applicable Transfer Policy, particularly keeping in view the health issues of the petitioner and his family members, preferably within a period of 25 days from the date of submission of the representation. 6. Till the decision on the representation to be submitted by the petitioner, the effect and operation of the impugned transfer order dated 31.08.2026 (Annexure P/1), insofar as it relates to the petitioner, shall remain stayed. 7. With the aforesaid direction and liberty, the present writ petition stands disposed of. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar