1 2026:CGHC:2332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 313 of 2026 1 - Santosh Ohdar S/o R.B.R. Ohdar Aged About 41 Years Posted As Rural Agriculture Extension Officer Office Of Deputy Director Agriculture Koriya, District Koriya C.G. ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary Agriculture Development And Farmer Welfare And Bio-Technology Department, Mantralaya, Atal Nagar, Raipur, District Raipur C.G. 2 - Under Secretary, Agriculture Development And Farmer Welfare And Bio- Technology Department, Mantralaya, Atal Nagar, Raipur, District Raipur C.G. 3 - Committee Of Senior Secretaries Department Of General Administration Room No. 6, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur C.G. 4 - Director, Director Of Agriculture Indrawati Bhawan, Naya Raipur Atal Nagar, District Raipur C.G. 5 - Deputy Director (Agriculture) Koriya District Koriya C.G. ... Respondents For Petitioner : Mr. Mateen Siddiqui, Advocate For Respondents/State : Ms. Smita Jha, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 14/0 1/2026 1. The petitioner has filed this writ petition seeking following reliefs:- 2 “10.1 That, the Hon’ble Court may kindly be pleased to set-aside/quash the impugned recommendation of the Transfer Committee dated 08.08.2025. 10.2 That, this Hon’ble Court may kindly be pleased to set-aside/quash the impugned transfer order dated 30.06.2025 (P/2) issued by the respondent Under Secretary, Agriculture Development & Farmer Welfare & Bio-technology Department (in respect of petitioner). 10.3 To kindly grant any other writ/writs, order/orders, relief/reliefs in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner submits that the petitioner pursuant to the order dated 30.06.2025 at Serial No. 117 was posted in the Office of Deputy Director (Agriculture), District – Korea is transferred to the Office of Deputy Director (Agriculture), District – Manendragarh-Chirmiri- Bharatpur on administrative grounds. He submits that as per the instructions of the petitioner, no posts of Rural Agriculture Extension Officer is lying vacant in the Office of Deputy Director (Agriculture), District – Manendragarh-Chirmiri-Bharatpur and therefore, the petitioner cannot give his joining. He contended that though the representation was submitted by the petitioner before the Committee constituted under the Transfer Policy, 2025, however, that ground was not raised as it was not within the knowledge of the petitioner which came subsequent to the decision of committee on the representation. 3. On the other hand, learned counsel for the Respondents/State raises an objection and submits that the ground raised by the counsel for the petitioner before this Court post lunch session, she has sought instructions and according to her instructions, 02 posts of Rural Agriculture Extension Officer is sanctioned in the Office of Deputy Director (Agriculture), District – Manendragarh-Chirmiri-Bharatpur and both the posts are filled-up by the other employees. 3 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. Petitioner is a government servant and pursuant to the order dated 30.06.2025 (Annexure P/2), petitioner is transferred to a place where the post on which petitioner is working is not vacant and therefore, petitioner cannot join the transferred place of posting. In the aforementioned facts of the case, let another representation be submitted by the petitioner before the Committee constituted under the Transfer Policy, 2025 raising this ground also of non-availability of the vacant posts of Rural Agriculture Extension Officer at the transferred place of posting within a period of 10 days and if such a representation is submitted, the concerned authority shall consider and take decision on the representation to be submitted by the petitioner within a further period of 04 weeks from the date of receipt of the representation. 6. 6. At this stage, learned counsel for the petitioner submits that the petitioner is still working in the present place of posting i.e. Office of Deputy Director (Agriculture), District – Korea and therefore, till decision is taken, he may be permitted to work at the present place of posting. 7. On due consideration of the submission of counsel for the petitioner and the facts and circumstances of the case, it is directed that till decision on the representation submitted by the petitioner as observed above, status quo as it exists today with respect to posting of the petitioner shall be maintained by the parties. 8. With the aforesaid observation and direction, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.01.14 18:14:16 +0530