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2026 DAILYLAW 37462 (CHH)

DR. RAJESH SHUKLA v. STATE OF CHHATTISGARH

WPS/6647/2026 · 2026-09-28

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010350552026 2026:CGHC:42395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6647 of 2026 1 - Dr. Rajesh Shukla S/o - Late Ramshankar Shukla Aged About 60 Years R/o - Rosewood 60, C.G.H.B. Colony, In Front Of Shadani Darbar, Boriya Kalan, Raipur, Tahsil And District Raipur, (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Higher Education Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 2 - Under Secretary Higher Education Development Indirawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Manoj Kumar Pingua Additional Chief Secretary Home And Jail Department, Government Of C.G. And Chairman, Committee Of Senior Secretaries, Raipur, (C.G.) 4 - Siddharth Komal Pardeshi Secretary School Education Department, Government Of C.G. And Member, Committee Of Senior Secretaries, Raipur, (C.G.) 5 - Incharge Secretary General Administrative Department, Government Of C.G. And Member Secretary, Committee Of Senior Secretaries, Raipur, (C.G.) 6 - The Principal Government J.Y. Chhattisgarh, College, Raipur, (C.G.) ... Respondents For Petitioner : Mr. Y.C. Sharma, Senior Advocate with Mr. Aishwary Diwan, Advocate. For Respondents/State : Mr. Suyashdhar Badgaiyan, G.A. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.10.01 10:37:41 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 29/09/2026 1. By the present writ petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for entire records of the case, from the authorities. 10.2 That, this Hon'ble Court may kindly be pleased to set-aside/quash the impugned transfer order no. ESTB/11457/2025/38-1 dated 25.11.2025, issued by respondent no. 02 i.e Under secretary, Higher Education Department (Annexure-P/1) in relates to the service of the petitioner. 10.3 That, this Hon'ble Court may kindly be pleased to set-aside/quash the impugned relieving order no. ESTB/11457/2025/38-1 dated 27.11.2025 issued by the respondent no. 06 i.e. The Principal Govt. J.Y. Chhattisgarh College, Raipur. (Annexure-P/7). 10.4 That, this Hon'ble Court may kindly be pleased to set-aside/quash the impugned order dated 16.02.2026 and in the furtherance of that order the order dated 19.02.2026 and 16.06.2026 was passed against the petitioner by the respondent authority/committee (Annexure-P/9). 10.5 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel for the petitioner submits that, earlier, the writ petition filed by the petitioner was decided by this Court vide Annexure P-4, i.e. WPS No. 13714/2025, on 06/01/2026, 3 directing the petitioner to raise his grievance before the Committee constituted for redressal of grievances of employees against their transfer. The Committee was directed to decide the representation within a period of three weeks, and, till such decision, it was further directed that no coercive steps be taken against the petitioner. Thereafter, the petitioner submitted a representation, primarily on the ground that he is suffering from a pre-cancerous condition known as Oral Submucous Fibrosis. The said representation was decided by the Committee vide the impugned order dated 16/02/2026 (Annexure P-9). Learned counsel submits that the said order was not communicated to the petitioner within the stipulated time. However, upon coming to know of the said order, the petitioner has filed the present writ petition, again questioning the order of rejection passed by the Committee, as well as the transfer order dated 25/11/2025 and the relieving order dated 27/11/2025. Learned counsel further submits that the petitioner has been relieved from Government J. Yoganandam Chhattisgarh College, Raipur, C.G. It is further submitted that, although the Committee has decided the representation of the petitioner in compliance with the direction issued by this Court, the health condition of the petitioner, which was the main ground for assailing the transfer order, has not been duly considered. Instead, the Committee has rejected the representation merely on the ground that there was no 4 violation of the Transfer Policy, 2025. 3. At this juncture, learned counsel for the petitioner submits that the petitioner is now ready to join at the transferred place, i.e., Rambhajan Rai N.E.S. Government P.G. College, Jashpur, within a period of seven days and he may be permitted to again raise his grievance by submitting a representation before the Committee within a further period of fifteen days. Learned counsel submits that the present writ petition may accordingly be disposed of with a direction to the Committee to reconsider the grievance of the petitioner, particularly with regard to his health condition, in terms of the directions issued by this Court in WPS No. 13714/2025, and to take a fresh decision thereon in accordance with law. 4. Learned State counsel has no objection to the submission made by learned counsel for the petitioner. 5. I have heard learned counsel for the parties, perused the pleadings and documents. 6. Having considered the submissions made by learned counsel for the parties, the present writ petition is disposed of with a direction to the petitioner to join at the transferred place, i.e., Rambhajan Rai N.E.S. Government P.G. College, Jashpur, within a period of seven days. The petitioner is further permitted to pursue his grievance before the Committee constituted under the Transfer Policy by filing a detailed 5 representation within a further period of ten days. Upon receipt of such representation, the Committee is directed to consider and decide the same within a further period of twenty-five days. 7. Accordingly, the present writ petition is disposed of . SD/- (Bibhu Datta Guru) Judge Amardeep