1 / 3 2026:CGHC:8200 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3475 of 2025 • Birsingh Sahu S/o. Panch Ram Sahu Aged About 56 Years R/o. Near New Bus Stand, Q.No. H-8, New Civil Line, P.S. City Kotwali, Dist. Rajnandgaon (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Social Welfare Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Dist. Raipur (C.G.) 2. Deputy Secretary Social Welfare Department, Mantralaya, Mahanadi Bhavan, Nava Raipur, Atal Nagar, Dist. Raipur (C.G.) 3. District Office, Social Welfare Rajnandgaon, Dist. Rajnandgoan (C.G.) 4. District Office, Social Welfare Dist. Khairagarh-Chhuikhadan-Gandai (C.G.) 5. Directorate Of Social Welfare Through Director, Raipur, Dist. Raipur (C.G.) ... Respondents For Petitioner : Mr. Pankaj Singh, Advocate For Respondent-State : Mr. Gary Mukhopadhay, Addl. A.G. and Ms. Akanksha Verma Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 13/02/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 To quash/ set aside the order dated 22.04.2025 numbered F/2-78/2024/26 issued by Respondent No. 2/ Deputy Secretary to the extent the same transfers the services of petitioner to District Office, Social Welfare, Khairagarh-Chhuikhadan-Gandai from District Office, Social Welfare, Rajnandgaon and all consequences arising thereof and related thereto; and 10.2 To hold and declare that the order dated 22.04.2025 numbered F/2-78/2024/26, issued by Respondent No. 2/ Deputy Secretary to the PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 extent the same transfers the services of petitioner to District Office, Social Welfare, Khairagarh-Chhuikhadan-Gandai from District Office, Social Welfare, Rajnandgaon is arbitrary, illegal and malicious; and/ or 10.3 Any other relief(s) in favour of petitioner as this Hon’ble Court may deem fit and proper under the facts and circumstances of the case with cost.” 2. Learned counsel for petitioner submits that petitioner is holding post of Artist and is posted in the District Office, Social Welfare, Rajnandgaon is transferred to the District Office, Social Welfare, Khairagarh-Chhuikhadan- Gandai. He contended that according to the post set up of the newly constituted district Khairagarh-Chhuikhadan-Gandai, in the department of which petitioner is employee, only posts sanctioned are of Dy. Director, Assistant Grade-III and Peon, there is no sanctioned post of Artist and therefore transfer of petitioner in Khairagarh-Chhuikhadan-Gandai is bad in law. It is also submitted that considering the nature of grounds raised in writ petition, this Court vide order dated 13.05.2025 has stayed the order of transfer of petitioner. In support of his contention, he places reliance upon the decision in case of Ashok Kumar Tiwari vs. State of M.P. and another reported in 2001(1) MPLJ 583 and Sunil Shrirang Bawaskar (Dr.) vs. Dr. Punjabrao Deshmukh Krishi Vidhyapeeth, Akola and others reported in 2010 (4) Mh.L.J. 364. 3. Learned State counsel submits that reply has been filed with a specific plea that Khairagarh-Chhuikhadan-Gandai is a newly constituted district and service of petitioner is required. However, she does not dispute the submission of learned counsel for petitioner with respect to post set up of newly constituted district Khairagarh-Chhuikhadan-Gandai. 4. I have heard learned counsel for the parties. 3 / 3 5. The employees who are appointed on a particular post can be deputed by way of transfer where the post on which the said employee is appointed is available and vacant. 6. Admittedly, from the documents enclosed along with writ petition, in the post set up in the newly constituted district there is no post created for Artist. In the reply State has not made any specific submission that after 2024 post of Artist is created in the newly constituted district. 7. In the aforementioned facts of the case, where transferred place post which the petitioner is holding is not vacant, transfer of petitioner is not sustainable. Accordingly, writ petition is allowed and the order of transfer Annexure P-1 dated 22.04.2025, so far as it relates to transfer of petitioner, is hereby quashed. Sd/- (Parth Prateem Sahu) pwn JUDGE