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2026 DAILYLAW 8283 (CHH)

SMT. SANDHYA v. STATE OF CHHATTISGARH

WPS/3383/2026 · 2026-04-20

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:17989 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3383 of 2026 1 - Smt. Sandhya D/o Shri Jhokan Ram Aged About 40 Years R/o Village - Kanchannagar, Post - Aragahi, District - Balrampur - Ramanujganj (C.G.)- 497220 Presently Posted As Assistant Grade Ii, High School, Kushfur, Village - Kanchannagar, Tehsil - Ramanujganj, District - Balrampur-Ramanujganj, Chhattisgarh (Mobile No. 6260156091 ... Petitioner versus 1 - State Of Chhattisgarh Through Department Of School Education, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh – 492002 2 - General Administration Department Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh - 492002 3 - Secretary, General Administration Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh – 492002 4 - District Education Officer Balrampur, District - Balrampur- Ramanujganj (C.G.) 5 - Collector Balrampur, District Balrampur- Ramanujganj (C.G.) ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Abhijeet Mishra, Advocate RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2026.04.25 10:47:58 +0530 2 For Respondents-State : Mr. Suyashdhar Badgaiya, G. A. SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 21/04/2026 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 to the Respondent No. 1, 2 & 3 to conduct a strict enquiry with regard to the malpractices being done by the Office of District Education Officer, Balrampur, District Balrampur-Ramanujganj (Respondent No. 4) & Collector, Balrampur, District Balrampur- Ramanujganj (Respondent No. 5) in relation to fabrication/Tampering of the Transfer Proposal (Annexure P/6 (Colly)) and Transfer No. 5177/Finance-Estt./109/2025 dated 30.06.2025 [Annexure P/5 (Colly)) thereby resulting in non-transfer of the Petitioner despite being in the transfer proposal, in the interest of equity & justice. 10.2. That, this Hon'ble Court may kindly issue appropriate writ to the Respondent No. 1 to 5 to produce the entire Note- Sheet & Order Sheet bearing Dispatch No. Branch Finance-Estt./109/2025 in relation to Transfer Proposals, which were circulated online, whose copy is annexed with this writ petition as ANNEXURE P/4 (Colly) of the Petitioner's Department i.e. Office of District Education Officer, Balrampur, District Balrampur-Ramaujganj (Respondent No. 4) before this Hon'ble High Court in the interest of equity & justice. 3 10.3 That, this Hon'ble Court may kindly issue appropriate writ to the Respondent No. 2 & 3 to produce the Transfer Order No. 5177/Finance-Estt./109/2025 dated 30.06.2025 emailed by the Collector, Balrampur, District - Balrampur- Ramanujganj (C.G.) to the GAD's Email namely eg-gad-6@cg.gov.in, along with the print-out of the body of the Email and the file attachment and further stating in affidavit that the Transfer Order No. 5177/Finance-Estt./109/2025 dated 30.06.2025 is the document downloaded from the file attached to Email namely cg- gad-6@cg.gov.in only and produced by taking a print of it, as per Clause 6.3 of the Transfer Policy dated 05.06.2025 with regard to the Petitioner's Department i.e. Education Department, Balrampur for Class III (T-Cadre/E-Cadre) employees before this Hon'ble High Court in the interest of equity & justice. 10.4 Any other relief, which this Hon'ble Court may deem fit and appropriate, according to facts and circumstances of the case may also be granted.” 2. Learned counsel for the petitioner submit that petitioner is holding the post of Assistant Grade II (non teaching staff) and posted in the Government High School, Kushfur, Village - Ramchandrapur, Tahsil Ramanujganj, District Ramanujganj- Balrampur. He contended that the Collector, being the authority of the transfer policy has initiated the proceedings for transfer of the employees of the School Education Department (non- teaching staff) within his district and name of the petitioner was also proposed for her transfer and her name was placed in the proposal. When the order of transfer is published, except the name of the petitioner, other employees whose proposal was 4 forwarded have been shown to be transferred. He contended that from perusal of the order at page No.87 of the writ petition, first page does not bear signature of the authority and one Smt. Aabha Tiwari named at Sl.No.6 of the order dated 30.06.2025 at page No.87, have been shown to be transferred. According to his instructions name of Smt. Aabha Tiwari was not proposed for transfer by the officials who prepared the proposals for transfer. He submits that in view of the aforementioned facts which is appearing from the documents enclosed on the writ petition, it is prima facei appearing that there is interpolation in the order dated 30.06.2025. 3. Learned counsel for respondent-State submits that order is issued by the authority under transfer policy after taking approval from the concerned ministers which is also mentioned in the bottom of the order. He also submits that the document page No.87 which is relied upon by the petitioner appears to have been obtained from the office of District Education Officer to be a true copy of the order. 4. I have heard learned counsel for the parties and perused the material available on record. 5. The main grievance of the petitioner from the submission made is that the name of the petitioner along with others is also proposed for transfer, except the petitioner other persons/employees proposed for transfer have been 5 transferred by the order dated 30.06.2025 page No.87. His further submission is that in place of name of the petitioner, name of one Smt. Aabha Tiwari has been mentioned to be transferred, even though she was not proposed for transfer. The petitioner after receiving the order of transfer under the Right to Information Act as stated by the petitioner from the office of District Education Officer has not submitted any representation before the Collector who is the authority issued order of transfer under his signature. The Collector who has passed an order of transfer under his signature, would be better person to consider the nature of grievance as raised by the petitioner with regard to interfering with proposal or the order of the Collector by adding name of Smt. Aabha Tiwari in case of petitioner if any as alleged. However, the petitioner has not submitted any representation before the Collector/respondent No.5. 6. In the aforementioned facts and circumstances of the case, instead of keeping this writ petition pending before this Court seeking reply form the respondent-State, I find it appropriate to dispose of this writ petition at this stage permitting the petitioner to submit a comprehensive representation along with all supporting documents before the respondent No.5 and in the event, petitioner submits such a representation before respondent No.5, the concerned authority shall consider and take decision on the representation to be submitted by the 6 petitioner in accordance with law by speaking order, expeditiously, preferably within further period of 4 weeks from the date of receipt of the representation. 7. Petitioner is also at liberty to submit a representation before the respondent No.2/General Administration Department as observed above and in the event, petitioner submits such a representation before respondent No.2/General Administration Department, the concerned authority shall also consider and take decision on the representation to be submitted by the petitioner in accordance with law by speaking order, expeditiously, preferably within further period of 4 weeks from the date of receipt of the representation. 8. With the aforesaid observation and direction, this writ petition stands finally disposed of. Sd/- (Parth Prateem Sahu) Judge Ravi Mandavi