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2026 DAILYLAW 7933 (CHH)

SMT. ANJULA PATLEY v. STATE OF CHHATTISGARH

WPS/1717/2026 · 2026-02-16

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:8452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1717 of 2026 1 - Smt. Anjula Patley W/o Dinesh Miri Aged About 34 Years R/o Ward No. 20 Tarod, Sadak Para, Tarod, District- Janjgir-Champa (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary General Administrative Department, Mahanadi Bhawan Naya Raipur District- Raipur (C.G.) 2 - State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mahanadi Bhawan Naya Raipur District- Raipur (C.G.) 3 - Director Directorate Of Health Services, Third Floor, Indrawati Bhawan, New Raipur District Raipur (C.G.) 4 - President Committee Of Senior Secretaries (Transfer Committee), General Administrative Department, Mantralay Naya Raipur District- Raipur (C.G.) 5 - Chief Medical And Health Officer District- Janjgir-Champa (C.G.) ... Respondents For Petitioner : Mr. Syed Jayed Ziya Ali, Advocate For Respondents/State : Mr. Ajay Kumrani, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 17/02 /2026 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction 2 setting aside/quashing the impugned transfer order dated 23.01.2026 and consequential relieving order dated 30.01.2026 (Annexure P/1 (colly)) in the interest of justice. 10.2 Any other relief, that the Hon’ble Court may deem fit in the facts of the case, may also be granted in favour of the petitioner against the respondents. 10.3 Costs of the petition be awarded to the petitioner.” 2. Learned counsel for the petitioner submits that the petitioner is holding the post of Rural Health Organizer (Female) is ordered to be posted at Government Community Health Centre, Baloda vide order dated 14.10.2025 from Sub-Health Centre, Taraud, Development Block – Akaltara, District – Janjgir – Champa vide order dated 20.01.2026 and again, she has been posted to Community Health Centre, Balod vide order dated 23.01.2026. From the aforementioned facts of the case and the orders issued against the petitioner of her posting, it is apparent that the petitioner was subjected to frequent transfer and therefore, the impugned orders dated 23.01.2026 and 30.01.2026 (Annexure P/1) be interdicted. 3. On the other hand, learned counsel for the Respondents/State opposes the submission of counsel for the petitioner and would submit that the petitioner is not subjected to frequent transfer. Petitioner is holding the post of Rural Health Organizer (Female). Under administrative exigency, it was ordered by the Respondent No. 5 for her posting at Community Health Centre, Baloda from Sub-Health Centre, Taraud, Development Block – Akaltara, District – Janjgir – Champa. Petitioner submitted a representation before the Respondent No. 5 on 16.01.2025 for her posting at the original place of posting i.e. Sub – Health Centre, Taraud, Development Block – Akaltara, District – Janjgir – Champa assigning reasons therein, which was considered by the Respondent No. 5 giving a humanitarian consideration and again, an order was passed on 3 28.01.2026 with a direction that the petitioner is posted at Sub-Health Centre, Taraud, Development Block – Akaltara, District – Janjgir – Champa. 4. It is further contention of the counsel for the Respondents/State that thereafter, it came to the knowledge of the Respondent No. 5 that in Community Health Centre, Baloda there is no Rural Health Organizer (Female) working and corrective order is passed vide Annexure P/1 and therefore, it cannot be said that the petitioner is subjected to frequent transfer. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. From the documents enclosed along with the writ petition, it is appearing that the order of place of posting/charge of the petitioner was passed initially on 14.05.2025. It appears that the petitioner has joined the place of her posting at Community Health Centre, Baloda, District – Janjgir – Champa and thereafter, her representation for her reverting back to Sub- Health Centre, Taraud, Development Block – Akaltara, District – Janjgir – Champa assigning reasons that she is having two minor children was submitted. It appears that the Respondent No. 5 has given consideration to the representation submitted by the petitioner and ordered for her posting at Sub-Health Centre, Taraud, Development Block – Akaltara, District – Janjgir – Champa. It is submission of counsel for the Respondent/State is that the order (Annexure P/1) is passed again, directing the posting of the petitioner at the transferred place i.e. Community Health Centre, Baloda, District – Janjgir – Champa on the ground that there is no Rural Health Organizer (Female) working, in the aforementioned facts of the case, initial place of posting of the petitioner at Community Health Centre, Baloda, District – Janjgir – Champa vide order dated 23.01.2026 (Annexure P/1) within 03 days of the order dated 4 18.01.2026 apears to be the corrective order and hence, in the facts of the case, it cannot be said that the petitioner is subjected to frequent transfer. No other ground is raised by the petitioner and therefore, I do not find any good ground in this writ petition for interdicting the order dated 23.01.2026 and order dated 30.01.2026 (Annexure P/1). 7. The writ petition being sans merit is liable to be and accordingly, dismissed. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY