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2026 DAILYLAW 4390 (CHH)

SHRI ABHISHEK BAIS v. STATE OF CHHATTISGARH

WPS/13896/2025 · 2026-04-09

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 4 2026:CGHC:16736 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13896 of 2025 • Shri Abhishek Bais S/o Shri Ramkumar Bais Aged About 33 Years Occupation Assistant Grade - 2 (Revenue Department) Presently Posted At Office Of Sub-Divisional Officer (Revenue), Rajim, District- Gariaband C.G. --- Petitioner(s) versus 1. State Of Chhattisgarh Through The Principal Secretary, Revenue And Disaster Management Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur C.G. 2. Principal Secretary/secretary, General Administration Department, Mantralaya, Nava Raipur, Atal Nagar, District Raipur C.G. 3. The Collector, District Gariaband C.G. 4. Sub-Divisional Officer (Revenue), Rajim, District Gariaband C.G. 5. The Collector, District- Mohla-Manpur-Ambagarh Chowki C.G. 6. Convener, Committee Of Senior Secretaries (Transfer Coordination Committee), General Administration Department, Mantralaya, Nava Raipur, Atal Nagar C.G. --- Respondent(s) For Petitioner : Mr. Vivek Siddharth Ojha, Advocate For Respondents- State : Ms. Anuja Sharma, Dy. Govt. Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 10/04/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 Issue a writ/order/direction in the nature of certiorari quashing the impugned transfer order dated 30.06.2025 (Annexure P-1) to the extent it transfers the petitioner outside Raipur Division and the rejected order dated PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 4 19.09.2025 (Annexure P-4) passed by the Committee of Senior Secretaries. 10.2 Issue a writ of mandamus or any other appropriate writ and direct the respondents to reconsider the petitioner’s posting only within Raipur division in accordance with the transfer policy, 2025. 10.3 Grant any other relief as this Hon’ble Court may deem just and proper in the facts and circumstances of the present case. 2. Learned counsel for petitioner submits that petitioner who is holding post of Assistant Grade II and is posted in the office of Sub-Divisional Officer (R.), Rajim, District Gariyaband is transferred to the office of Collector, District Mohla-Manpur-Ambagarh Chowki mentioning to be on administrative ground. While issuing order of transfer, Respondent No. 1 failed to take note of the fact that transfer of petitioner is made out of the division. Petitioner is an employee of Raipur divisional cadre and he has been transferred to Durg division. By transferring the petitioner to another division his seniority will adversely be affected which will further affect his promotional prospects. He also pointed out that considering the difficulty to be faced by the divisional cadre employees transferred out of Division, State Government under the transfer policy dated 05.06.2025 made provision, in particular Clause 3.14 that the district cadre and the divisional cadre employees to be posted within the district and division respectively. The application/ representation of similarly situated employee namely Shri Krishna Kumar Sinha, Asst. Gr. II who was also transferred from Raipur division to Bastar division has been considered by the committee constituted under the transfer policy and recommended for cancellation/ amendment of his order of transfer taking note of Clause 3.14 based on the recommendation made by the committee under the transfer 3 / 4 policy by the State Government. Learned counsel for petitioner by placing relevant documents for perusal of this Court also contended that thereafter the State Government has forwarded the recommendation made by the committee to the Secretaries of the concerned departments. 3. Learned counsel for State submits that the committee constituted under the transfer policy has considered representation submitted by petitioner and upon analyzing all the grounds has rejected the claim of petitioner. She however submits that if the claim of petitioner is that similar situated employee who was transferred by the impugned order and his claim on the same ground is considered by the committee then petitioner can submit a fresh representation before the concerned committee bringing facts about the decision taken on the application submitted by Shri Krishna Kumar Sinha, Asst. Gr. II. 4. I have heard learned counsel for the respective parties and also perused the record. 5. On the earlier date of hearing, learned State counsel sought time to seek instructions as to whether Assistant Grade II post is a divisional cadre post or not, and on instructions, today she made fair submission before this Court that post of Assistant Gr. II in the revenue department is of divisional cadre post. State Government in the transfer policy dated 05.06.2025 has taken note of the difficulties to be faced by the employees of district cadre or the divisional cadre if they are transferred to another district or another division and has made specific provision that transfer of district cadre employee and the divisional cadre employee will be within the district and within the division. 4 / 4 6. Admitedly, transfer of petitioner is from Raipur division to Durg division which may affect seniority as also promotional prospects of petitioner. 7. In the aforementioned facts of the case and further considering that in the transfer policy State Government in Clause 3.14 has specifically mentioned that transfer of district cadre and the divisional cadre employees will be within the district and division, in the opinion of this Court, transfer of petitioner vide order Annexure P-1 dated 30.06.2025 is not sustainable, accordingly impugned order of transfer Annexure P- 1 dated 30.06.2025, so far as it relates to petitioner, is quashed. 8. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (Parth Prateem Sahu) Judge pwn