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2026 DAILYLAW 6777 (CHH)

MOHAMMAD SHOAIB v. STATE OF CHHATTISGARH

WPS/3319/2026 · 2026-04-16

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:17565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3319 of 2026 1 - Mohammad Shoaib S/o Shri Mohammad Saeed Aged About 38 Years Presently Working As Sub Engineer, O/o Executive Engineer, Project Implementation, Unit, Pmgsy, Dhamtari, Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Naya Raipur, Distt. Raipur, Chhattisgarh. 2 - Engineer In Chief Cg Rural Road Development Agency, Civil Lines, Raipur, Chhattisgarh. 3 - Superintendnet Engineer Cg Rural Road Development Agency, Project Division Raipur, Collectorate Premises, Raipur, Chhattisgarh. 4 - Executive Engineer Cg Rural Road Development Agency, Project Implementation Unit, Dhamtari, Chhattisgarh. 5 - Chief Executive Officer Cg Rural Road Development Agency, Civil Lines, Raipur, Chhattisgarh. ... Respondents For Petitioner : Mr. N. Naha Roy, Advocate For Respondents-State : Ms. Anuja Sharma, Dy. Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 17/04 /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 issue an appropriate writ in the nature of mandamus and quash the impugned order dated 11.03.2026 (Annexure P/1) whereby the petitioner has been transferred in an absolutely arbitrary and illegal manner. 10.2 That, the Hon'ble Court may kindly be pleased to issue an appropriate writ in the nature of mandamus and direct the respondents to let the petitioner serve at the present place of posting. 10.2 This Hon’ble Court may kindly be pleased to grant any other relief, which is deemed fit in the circumstances of the case. ” 2. Learned counsel for the petitioner submits that the petitioner is holding the post of Sub-Engineer is posted in the office of Executive Engineer, Project Implementation Unit, PMGSY, District – Dhamtari (C.G.) is transferred and posted to the Project Implementation Unit No. 1, Bijapur, (C.G.) vide order dated 11.03.2026 (Annexure P/1). He contended that vide the impugned transfer order of the petitioner, ratio fixed for transfer of employees would be disturbed, which is in violation of Clause 3.15 of the Transfer Policy, 2025. He further contended that the sister of the petitioner is suffering with 45% permanent disability and is residing with him, and is dependent upon him. Petitioner may face difficulty to join his transferred place of posting. Petitioner has already submitted representation before Respondent No. 3 on 16.03.2024 which is pending consideration and therefore, direction be issued to the Respondent No. 3 to consider and take decision on the representation at the earliest within specified time frame. 3. On the other hand, learned counsel for the Respondents/State would submit that that the impugned transfer order is passed by the Panchayat and Rural Development Department, State of Chhattisgarh and therefore, if the petitioner is aggrieved with his transfer, he may submit an application/representation before the appropriate authority. 3 4. At this stage, learned counsel for the petitioner submits that the Respondent No. 3/Superintendent Engineer has already forwarded the letter to the Chief Executive Officer, Panchayat and Rural Development Department which is pending consideration. He may also be permitted to submit fresh representation before the Committee constituted under the Transfer Policy, 2025 and direction be issued to the Committee to consider and take decision on the application/representation to be submitted by the petitioner at the earliest within specified time. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. On due consideration of the submission of counsel for the respective parties, facts and circumstances of the case, nature of grievance raised by the petitioner, without entering into merits of the claim of petitioner, this writ petition at this stage is disposed of permitting the petitioner to submit afresh application/representation along with all supporting documents before the Committee constituted under the Transfer Policy, 2025 and in the event petitioner submits such a representation, the concerned Committee shall consider and take decision on the application/representation submitted by the petitioner in accordance with law, expeditiously, preferably within a period of 03 seeks from the date of receipt of representation. It is ordered accordingly. 7. 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