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2026 DAILYLAW 9623 (CHH)

KIRAN SAHU v. STATE OF CHHATTISGARH

WPS/3811/2026 · 2026-04-30

Shri Parth Prateem Sahu

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Judgment text

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1 / 5 2026:CGHC:20422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3811 of 2026 • Kiran Sahu D/o Jeevanlal Sahu Aged About 34 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Primary School Kudharapani, Block Sitapur, District Sarguja Chhattisgarh And Resident Of House No. Daldali Road, Ward No. 12, Near Bhawani Mandir, Mahasamund, District Mahasamund Chhattisgarh --- Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur (C.G.) 2. Director Directorate Of Chhattisgarh Public Instruction, And President Directorate Level Committee Third Floor, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 3. Collector Ambikapur District Sarguja (C.G.) 4. Collector Mahasamund District Mahasamund (C.G.) 5. District Education Officer Ambikapur District Sarguja (C.G.) 6. District Education Officer Mahasamund District Mahasamund (C.G.) 7. Block Education Officer Block Sitapur, District Sarguja Chhattisgarh 8. Block Education Officer Block Pithora, District Sarguja Chhattisgarh --- Respondent(s) For Petitioner : Mr. Ramcharan Sahu, Advocate For Respondent- State : Ms. Apurva Nigam, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 01/05/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 This Hon’ble Court may kindly be pleased to direct the respondent authorities to consider and decide the pending representation of the petitioner for seeking to PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 5 transfer from present place of posting to Govt. Girls Primary School Ashram Pithora, District Mahasamund, C.G. or nearest native place of school on the basis of medical report and low her condition at the earliest, in the interest of justice. 10.2 This Hon’ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 2. Learned counsel for petitioner submits that petitioner is working on the post of Assistant Teacher and as of now posted at Govt. Primary School, Kudharapani, Block Sitapur, District Surguja. He submits that since the date of her appointment, she is continuously working, however, after some medical reports petitioner has detected cancer disease and she is taking treatment at BALCO Hospital, Naya Raipur. It is very difficult for petitioner to commute from the place of her residence to the hospital as she is taking treatment at Raipur and therefore petitioner had submitted representation before Respondent No. 1 for her transfer to nearby school to hospital in district Mahasamund, which is pending consideration since 02.04.2026 and therefore direction be issued to Respondent No. 1 to consider and take decision on the representation of petitioner at the earliest within specified time. 3. Learned State counsel submits that the school in which petitioner has sought her transfer comes within the Tribal Department and no representation is submitted before the concerned department. 4. At this stage, learned counsel for petitioner submits that though name of school is specified in the representation, however, petitioner is not interested to transfer at that particular school, however, petitioner is only making prayer that she may be transferred to any nearby place of 3 / 5 district Mahasamund so that she can take treatment for the disease with which she is suffering from. 5. I have heard learned counsel for the respective parties and also gone through the documents enclosed along with writ petition. 6. As per the medical test reports, following is the discharge summary report dated 22.04.2026 of petitioner, which is extracted below: DISCHARGE SUMMARY MS. KIRAN SAHU/ BMC0064446 DOB/ AGE : 06.08.1991/34YR/F REG NO:IP26-27-0001374 ADDRESS : WARD-12 LAL DADHI PARA, MAHASAMUND, CHHATTISGARH NEXT OF KIN : BARKHA SAHU (SISTER) CATEGORY : AYUSHMAN BHARAT WARD : 147/B WIND/1F-GENERAL WARD DISCHARGE TYPE : REGULAR DISCHARGE DISCHARGE CONDITION : STABLE ADMISSION DATE : 20.04.2026 12:16 PM EST. DISCHARGE DATE : 22.04.2026 DEPARTMENT : MEDICAL ONCOLOGY CONSULTANTS : DR. YASHWANT KASHYAP [MBBS, MD, DM (MEDICAL ONCOLOGY)] DIAGNOSIS(ICD)- Diagnosis:-CA Rectosigmoid cT4bN2M0 Clinical Stage (AJCC 8th Edition): T4b:Tumor invading adjacent organs (uterus/cervix) N2: Multiple regional lymph nodes involved M0:No distant metastatis cT4bN2M0- Locally advanced, non-metastatic disease Treatment Plan- x x x x Brief Summary- Diagnosis: Case of CA Rectosigmoid Past Medical History- x x x x On Examination- x x x x Ward Stay Details- 4 / 5 Patient is admitted in ward for…..chemotherapy given Tolerated well had no grade3, 4 toxicity, therefore discharge in hemodynamically stable condition Discharge Medication- x x x x अगली जांच दि नांक: ०४-०५-२०२६ (Chemotherapy with CBC, RFT, LFT, RBS) INSTRUCTIONS- अपनां सभी वाइयाँ डॉक्टर द्वार बताई गई मात्रा और समायाँ पर दिनांयाँदिमाता रूप स' ली(। अगली फॉली+-अप दिवादि,ट क' लिलीए दिनांर्धा0रिरता तारख पर अस्पताली अवाश्याँ आए। याँदि डॉक्टर नां' क+ई जांच (ब्लीडॉ ट'स्ट, स्क7 नां आदि ) लिलीख है7, ता+ फॉली+- अप स' पहैली' करवाकर रिरप+ट0 सथ लीए। याँदि आपक+ दिनांम्नां मा( स' क+ई समास्याँ है+ ता+ ता;रता डॉक्टर स' सपक0 कर(: ता'जां ब;खर (38°C / 100.4°F स' अलिर्धाक), सस ली'नां' मा( ताकलीफॉ, लीगतार उल्ट याँ स्ता, बहै>ता ज्याँ  कमाजां+र याँ चवाकर, शरर मा( असमान्याँ 0 याँ सBजांनां, खBनां आनां याँ असमान्याँ ब्लीदिडॉग उपचर क' Cरनां सफॉ-सफॉई क ध्याँनां रख( और सक्रमाण स' बचनां' कG क+दिशश कर(। पCदिHक और सता;लिलीता आहैर ली( ताथ पयाँ0प्त पनां दिपए। दिबनां डॉक्टर कG सलीहै क' क+ई नांई वा याँ सप्लीमा(ट श;रू नां कर(। सभी मा'दिडॉकली रिरप+ट0, दिडॉस्चजां0 सरश और वाइयाँK कG सBच अगली दिवादि,ट मा( सथ लीए।" 7. Having considered the nature of grievance raised, submission made by learned counsel for respective parties, also considering that petitioner has already submitted representation on 02.04.2026 before Respondent No. 1 specifically pleaded in detail, assigning reasons for seeking transfer in district Mahasamund or nearby place of her residence, medical documents showing treatment taken by her at BALCO Hospital at Naya Raipur, and the discharge summary which is enclosed along with petition dated 22.04.2026. 8. In the aforementioned facts of the case, this writ petition is dispose off, permitting the petitioner to submit a fresh representation along with all 5 / 5 supporting medical documents before Respondent No. 1 and only if petitioner submits such a representation the concerned authority shall consider and take decision on the representation to be submitted by petitioner, sympathetically in an objective manner, keeping in mind nature of disease with which petitioner is suffering and the treatment taken by her at BALCO hospital, Naya Raipur, expeditiously, preferably within a further period of 03 weeks from the date of receipt of representation. 9. With the aforesaid observation and direction, this writ petition is disposed of. Sd/- (Parth Prateem Sahu) Judge pwn