Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:2170
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 336 of 2026 1 - Rajkumar Sahu S/o Hiradhar Ram Sahu Aged About 42 Years Posted As Revenue Inspector Office Of Collector, Land Records Raipur District Raipur Chhattisgarh
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 2 - Committee Of Senior Secrtaries Department Of General Administration Room No. 6, Mantralay, Atal Nagar Nawa Raipur District Raipur Chhattisgarh 3 - Under Secretary Revenue And Disaster Management, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh 4 - Collector Land Records District Raipur Chhattisgarh 5 - Sub-Divisional Officer (Revenue) District Raipur Chhattisgarh --- Respondent(s) For Petitioner : Mr. Mateen Siddiqui, Advocate For Respondents : Mr. Aditya Tiwari, P.L. SB: Hon'ble Shri Justice
Parth Prateem Sahu
Order On Board 14/01/2026
1. Petitioner has filed this petition seeking following relief (s) :-
“10.1 That this Hon'ble Court may kindly be pleased to set-aside/quash the impugned recommendation of the Transfer Committee Dated 08.08.2025 (Annexure P/1). 10.2 That, this Hon'ble Court may kindly be pleased to set-aside/quash the transfer order Dated 30.06.2025 (Annexure P/2) issued by the Under BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN
2 Secretary, Revenue & Disaster Management, State of C.G.(inrespect 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 petitioner submits that petitioner is holding the post of Revenue Inspector and vide order dated 30.06.2025, he was transferred from the office of Collector, Land Record, District Raipur to the office of Collector, Land Record, District – Bastar on administrative ground. Petitioner was suffering from personal difficulties had filed writ petition bearing WPS No.7844 of 2025, which was disposed of permitting petitioner to submit representation before the Committee constituted under the transfer policy. Accordingly, petitioner submitted representation vide Annexure P-7 dated 03.07.2025, in which, difficulties, which petitioner is facing, is mentioned in detail and also pleaded that his wife is suffering from medical ailment and petitioner is only person to take care of her and she is also a government servant working as Assistant Teacher posted within Raipur District. His one of the child is studying in Class-12th and if petitioner has to join his transferred place of posting, carrier of his child may also be affected. He also contended that in the representation petitioner has clearly mentioned that in the same transfer order one Padam Singh Nag is transferred to Balodabazar and he has given consent to go to Bastar District on transfer, therefore, petitioner has prayed that he may be posted in place of Padam Singh Nag at District Balodabazar. The Committee constituted under transfer policy considering the grounds raised in the representation have sought opinion from the concerned
3 department i.e. Department of Revenue and Disaster Management, under which, petitioner is employed, however, without waiting opinion from the petitioner’s department, representation is dismissed, which is contrary to the exercise of power, therefore, matter may be remitted back to the Committee to consider and pass order afresh after obtaining opinion as sought for by the Committee. 3. Learned State counsel submits that the Committee constituted under transfer policy considering the fact that transfer of petitioner is on administrative ground, has passed the order, which cannot be said to be erroneous. 4. I have heard learned counsel for petitioner and also perused the documents placed on record. 5. In the representation, petitioner has categorically pleaded that wife of petitioner is suffering with medical ailment, she is also a government servant, his one of the child is student of Class-12th and one another Revenue Inspector, who is transferred by the same transfer order and placed at Sr.
No.35 i.e. Padam Singh Nag, who has been transferred from the office of Collector, Land Record, Raipur to the office of Collector, Land Record, District Balodabazar-Bhatapara on administrative ground, has given consent to go on transfer to the office of Collector, Land Record, Bastar. 6. From the recommendation/decision of the Committee (Annexure P-1) dated 08.08.2025, it appears that Committee has taken note of the ground of exchange of place of transfer by two of the employees transferred i.e. petitioner and Padam Singh Nag and sought opinion from the department, whether it can be considered or not, however,
4 without waiting for the opinion of the department, has dismissed the representation. It is not in dispute that it is for the employer to consider transfer of employee on administrative ground, which means that one person can be transferred to another place for proper managing the affairs of the work of the department. Respondents authorities may have decided to transfer the petitioner from the office of Collector, Land Record, Raipur, however, in the facts of the case, where petitioner looking to the difficulties as mentioned in the representation, though even if not resisting the order of transfer but only making a prayer for change of transferred place with the consent of the other transferred employee to go to his place in exchange then the Committee could have waited for the opinion as sought for, from the department of petitioner and only thereafter, decide the representation in an objective manner, which has not been done, therefore, I find it appropriate to allow this writ petition in part and to remit back the claim of petitioner to the Committee constituted under transfer policy. 7. Accordingly, this petition is allowed in part. The recommendation dated 08.08.2025 (Annexuer P-1) of the Committee is set-aside.
The Committee is further directed to reconsider the claim of petitioner considering all the grounds taking pragmatic approach and further the opinion as sought in earlier round of consideration from the department of Revenue and Disaster Management and thereafter, to pass order afresh. 8. At this stage, learned counsel for petitioner submits that petitioner is still working on his earlier place of posting and till date is not relieved. 5
9. In view of the above submission made, it is directed that status-quo as it exists today with respect to place of posting of petitioner shall be maintained by the parties till the decision of his representation. It is for the petitioner to place this order along with further application before the Committee constituted under transfer policy within period of 10 days and thereafter the Committee shall consider and take decision within further period of four weeks from the date of receipt of order. Sd/- (Parth Prateem Sahu) Judge Balram