1 2026:CGHC:8004 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1410 of 2026 1 - Kishor Kumar Mishra S/o Shri Radheshyam Mishra Aged About 38 Years Occupation- Presently Working As Assistant Veterinary Field Officer (A.V.F.O) In The Out Line Dispensary (O.L.D.) Patrapali, Vikas Khand Kharsiya, District Raigarh, Chhattisgarh, Presently Krishna Vatika Colony, House No. H-18, Boirdar, Raigarh, 496001, Raigarh, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Livestock Development Department Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Chhattisgarh. 2 - Director, Veterinary Services Indravati Bhawan, Block No. 03, Ground Floor, Atal Nagar, Raipur, Chhattisgarh. 3 - Deputy Director Veterinary Services, District Raigarh, Chhattisgarh. 4 - Veterinary Assistant Surgeon Veterinary Hospital, Block Kharsiya, District Raigarh, Chhattisgarh. --- Respondent(s) (Cause title is taken from CIS system) For Petitioner : Mr. Sunil Kumar Soni, Advocate For Respondents/State : Ms. Anuja Sharma, Dy.G.A. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 13/02/2026 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 That, this Hon’ble Court pleased to Hold that Action on the Part of Transfer Committee is in the Patent Violation of Complying Hon’ble High Court Order BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2026.02.17 18:03:51 +0530 2 in Deciding Representation Preferred by the Petitioner. Resultantly therefore Impugned Transfer Order Dated 30.06.2025 (Annexure P-1) & Impugned Recommendation Dated 15.12.2025 (Annexure P-4) are liable to be Set-aside/Quashed being Arbitrary, Capricious and Illegal in the Eyes of Law. 10.2 Any other Relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the Petitioner together with cost of the Petition.” 2. Learned counsel for petitioner submits that petitioner, who is holding the post of Assistant Veterinary Field Officer and is posted at Veterinary Hospital Patrapali (Out Line Dispensary), Block – Kharsiya, District – Raigarh is transferred to Veterinary Hospital Kottara (Out Line Dispensary), District Kanker (C.G.) on his own expenses. He submits that transfer on own expenses can only be made if an employee himself voluntary submits an application for his transfer opting place of his transfer. Petitioner at no point of time has submitted any application for his transfer, therefore, order of transfer of petitioner mentioning that he has been transferred on his own request is bad in law. 3. Learned State counsel submits that pursuant to the observation made by this Court on the last date of hearing, she has sought instructions from the concerned authorities and according to her instructions, petitioner had not submitted any application requesting for his transfer, however, according to her instructions petitioner was transferred on administrative ground. She further submits that petitioner is relieved from present place of posting on 3rd of February, 2026. 3 4. At this stage, learned counsel for petitioner submits that petitioner has been relieved only after filing of this writ petition and till date he has not joined the transferred place of posting. 5. I have heard learned counsel for parties and perused the documents placed on record. 6. Perusal of impugned order of transfer dated 30.06.2025 (Annexure P- 1) would show that name of petitioner finds place at Sr. No.36 and he has been shown to be transferred to District Kanker on his own expenses from District – Raigarh. Learned State Counsel on instructions submitted that petitioner has not submitted any application for his transfer from present place of posting. Transfer of an employee mentioning that he has been transferred on his own expenses is also a financial loss as he looses transfer allowance, which is applicable to the employees under the rules. 7. In the aforementioned facts of the case and the submission of learned counsel for respective parties, transfer of petitioner in the opinion of this Court is not sustainable. Accordingly, impugned transfer order dated 30.06.2025 (Annexure P-1) so far as it relates to petitioner is liable to be and it is hereby quashed reserving liberty with the respondent authorities to pass a fresh order, if they so desire. Sd/- (Parth Prateem Sahu) Judge Balram