2025:CGHC:11502 Digitally signed by RAGHVENDRA NAFR JAT HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8024 of 2024

1 - Anuradha Arya D/o Parshuram Arya Aged About 45 Years R/o A - 26, Shashi Memorial Nursing Home, Rajkishore Nagar, Lingiyadih, Bilaspur Presently Posted As Child Department Project Officer, Project Officer Takhatpur - 2, Sakri, Bilaspur Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

2 - Upper Secretary Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

3 - Director Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

4 - Chhattisgarh State Election Commission F - 76, Section - 19, Kotara Bhantha, Atal Nagar, Nava Raipur Chhattisgarh Through Secretary.

5 - The Collector Bilaspur Cum District Election Officer, District Bilaspur Chhattisgarh.

6 - The Project Officer Takhatpur (Sakari), District Bilaspur.

7 - Ms. Jyoti Tiwari Child Development Officer Government Girls Hostel, Bilaspur Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Harsh Wardhan, Advocate.

For Respondent(s)/ State : Ms. Poorva Tiwari, Panel Lawyer.

For Respondent No. 7 : Mr. Ravi Kumar Bhagat, Advocate on behalf of Mr. Abhishek Singh, Advocate .

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

07/03/2025

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 That, this Hon'ble Court may kindly be issue to call for the records.

10.2 That, this Hon'ble Court may kindly be pleased to setaside the impugned transfer order dated 29.11.2024(ANNEXURE P/3)to the extent that it transfers the petitioner from the Sakri, Takhatpur to Ramanujnagar, Surajpur.

10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief which the Hon'ble Court deems fit and proper in the facts and circumstances of the present case along with cost of the petition to the petitioner.”

2. Facts of the case, is that, the petitioner was initially appointed on the post of Child Development Project Officer as per the recruitment conducted by the CGPSC, 2008. Thereafter, the petitioner has been transferred in the way back 2019 to Kondagaon i.e. a naxalite effected scheduled area, thereafter, on 09.06.2022, the petitioner has been transferred from Kondagaon to present place of posting i.e. Project Officer, Sakri, District- Bilaspur. Since 2022 the petitioner has remained posted at Sakri, Takhatpur until recently when the impugned order dated 29.11.2024. She has been illegally transferred from Sakri, Takhatpur to far of place Ramanujnagar, District Surajpur allegedly on administrative grounds. The petitioner has discharged her duties to the utmost satisfaction of the respondents with all sincerity, devotion and hard work. It is pertinent to mention here that during this period the petitioner has already witnessed her divorce, death of mother after long treatment of cancer and her own health problems. The petitioner has not suffered any major or minor penalty and has an unblemished record. It is pertinent to mention that the petitioner herein as per the present gradation list is now at Sl. No. 4 and is likely to be promoted to the next higher post of the Deputy Director within a short span of 6 months needless to mention that on promotion she would be obviously transferred again to a new place of posting, therefore, it is highly problematic and unjust to face the current transfer to Surajpur in the light of the impugned transfer order. The impugned transfer order issued by the respondents is illegal and contrary to the policy issued by the State Government itself. In the present case petitioner has already been appointed as a Assistant Returning Officer in the upcoming panchayat election by the District Election Officer on 25.11.2024. Thus, the p