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2026 DAILYLAW 732 (CHH)

SATISH KUMAR KANNOJE v. STATE OF CHHATTISGARH

WPS/12982/2025 · 2026-04-05

Shri Parth Prateem Sahu

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Judgment text

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1 / 4 2026:CGHC:15677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12982 of 2025 Satish Kumar Kannoje S/o Late Shri Ganga Prasad Kannoje Aged About 59 Years R/o Ward No. 20, Civil Line, Khairagarh, Distt. Khairagarh-Chuikhadan- Gandai Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Under Secretary, Water Resources Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur Chhattisgarh 2 - Chief Engineer Water Resources Department, Shivnath Bhavan, Nava Raipur Atal Nagar, Distt – Raipur 3 - Executive Engineer Water Resources Division Chhuikhadan, Distt. Khairagarh-Chuikhadan-Gandai Chhattisgarh ... Respondent(s) For Petitioner : Ms. Smita Jha, Advocate For Respondents/State : Mr. Aditya Tiwari, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 06/04/2026 1. Petitioner has filed this writ petition seeking following reliefs: “(i) That, the Hon'ble Court may kindly be pleased to call for the entire record relating to his case. Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.04.09 14:29:36 +0530 2 / 4 (ii) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to release petitioner salary from the month of July to October. (iii) Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted.” 2. Learned counsel for the petitioner submits that petitioner was earlier transferred vide order dated 30.06.2025 from the office of Chief Engineer, Water Resources Division, Naya Raipur to the office of Executive Engineer Water Resources Division, Chhuikhadan, District- Khairagarh-Chhuikhadan-Gandai. Pursuant to order of transfer, petitioner had joined at transferred place on 11.07.2025. Thereafter, vide order dated 21.07.2025, petitioner was transferred from the office of Executive Engineer, Water Resources Division, Chhuikhadan to office of Executive Engineer Water Resources Division, Rajnandgaon. Petitioner has challenged the order of transfer dated 21.07.2025 by way of filing writ petition bearing WPS No.8865 of 2025 which was disposed of on 31.07.2025 permitting the petitioner to submit representation before the Transfer Committee and representation to be decided within a period of two weeks. Petitioner, as directed by the Court, had submitted representation, however, representation was not decided and petitioner was forced to file Contempt Case No.1518 of 2025. After filing of contempt petition, representation submitted by the petitioner was decided rejecting claim of petitioner against which petitioner has filed another writ petition bearing WPS No.12085 of 2025 and this Court vide order dated 16.10.2025 had stayed the effect and operation of order of transfer dated 21.07.2025. It is contention of learned counsel for 3 / 4 petitioner that after passing of interim order dated 16.10.2025, petitioner had joined at his earlier place of posting i.e. Office of Executive Engineer, Water Resources Division, Chhuikhadan on 22.10.2025. As the petitioner could not able to join either at his transferred place of posting i.e. Office of Executive Engineer, Water Resources Division, Chhuikhadan or Office of Executive Engineer, Water Resources Division, Rajnadgaon and could not able to work at earlier place of posting at Chhuikhadan as petitioner was already relieved on the same date of issuance of transfer order dated 21.07.2025 and therefore petitioner is entitled for salary for the period from 22.07.2025 to 21.10.2025 i.e. intervening period from date of order of transfer till the date of joining of petitioner pursuant to order of stay dated 16.10.2025. 3. Learned counsel for the State would oppose the submission of learned counsel for the petitioner and would submit that petitioner pursuant to order of transfer dated 21.07.2025 has been relieved on the same date from office of Chhuikhadan and since then petitioner had not worked at the office of Chhuikhadan and has also not joined at transferred place of posting at Rajnandgaon. Order dated 31.07.2025 passed in WPS No.8865 of 2025 is only with regard to not taking coercive steps against the petitioner. Coercive steps have not been taken against the petitioner after passing of order dated 31.07.2025. As petitioner had not worked from 22.07.2025 till 21.10.2025, he is not entitled for salary. 4. I have heard learned counsel for the parties and also perused the documents enclosed along with this writ petition. 5. Admittedly, from submission made by learned counsel for petitioner and documents enclosed along with writ petition, it is appearing that 4 / 4 petitioner had not worked from 22.07.2025 till 21.10.2025 as petitioner was relieved from earlier place of posting i.e. from office of Chhuikhadan on 21.07.2025 and had not joined transferred place of posting i.e. Rajnandgaon. Petitioner joined earlier place of posting at Chhuikhadan only after the interim order dated 16.10.2025 is passed. Joining of the petitioner at earlier place of posting was on 22.10.2025. 6. In the aforementioned facts of case petitioner cannot be permitted to claim as a matter of right, salary for the period for which he had not worked. Hence, no relief as prayed for can be granted. 7. Writ petition is bereft of merit and is accordingly dismissed. However, liberty is reserved with the petitioner to file application/representation before the appropriate authority for treating the period from 22.07.2025 till 21.10.2025 as leave if the petitioner is entitled for any nature of leave available in his account, under the applicable leave rules if he so desires, and if such application/representation is submitted concerned authority shall consider and decide the same in accordance with law expeditiously preferably within a period of 2 months from the date of receipt of such application/representation. Sd/- (Parth Prateem Sahu) Judge Praveen