2026:CGHC:6713 NAFR Digitally signed by AVINASH HIGH COURT OF CHHATTISGARH AT BILASPUR AVINASHSHARMA SHARMA Date:

2026.02.09

11:27:32 +0530 WPS No. 8291 of 2023 Sukhsagar Jagat S/o Shri Jagannath Jagat Aged About 49 Years Occupation Secretary Gram Panchayat Khairkhunta, Janpad Panchayat Pithoura, District Mahasamund (C.G.)

... Petitioner.

versus

1 - State Of Chhattisgarh Through The Secretary, Panchayat Raipur, Indravati Bhawan Raipur, District Raipur (C.G.). 2 - Chief Executive Officer District Panchayat Mahasamund, District -

Mahasamund (C.G.).

3 - Chief Executive Officer Janpad Panchayat Pithoura, District Mahasmund (C.G.).

... Respondents.

For Petitioner : Shri Manish Kumar Sahu appears on behalf of Shri Awadh Tripathi, Advocates.

For State/Respondent : Shri Dilman Rati Minj, Deputy AG.

No.1 For Respondent No.2 : Shri Arpit Agrawal, Advocate.

and 3 Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

06/02/2026

1. Challenge in this Writ Petition is to the order dated 03.10.2023 (Annexure P/1) passed by the Chief Executive Officer, District Panchayat Mahasamund by which, petitioner has been transferred from Khairkhunta/Pithora Janpad Panchayat to Ratapali/Baghbahra Janpad Panchayat as Gram Panchayat Secretary.

2. Necessary facts of the case are that petitioner is working as a Secretary Gram Panchayat Khairkhunta, Janpad panchayat Pithoura, District Mahasamund C.G. In compliance of order dated 23.09.2021, petitioner was earlier transferred from village Pithoura, Janpad Panchayat Bijemal District Mahasamund C.G. to village Khairakhunta, Janpad Panchayat Pithoura District Mahasamund C.G. at the present place of posting. The Additional Secretary of Panchayat and Rural Development passed the guide for service conditions of panchayat workers vide letter dated 29.08.2008 which includes directives. Para 8 of the said guide/directive stated conditions for transfer of the panchayat workers as “Transfer of Panchayat Workers can be done within the district on administrative, voluntary basis and on the basis of the complaints from gram panchayats, after proper investigation, if necessary panchayats employees can be transferred by the chief executive officer, district panchayat on the recommendation of Chief Executive Officer, Janpad Panchayat. The voluntary transfer can also be done by the Chief Executive Officer district panchayat with the recommendation by the Janpad Panchayat. But the respondent authorities did not receive any recommendation from the Janpad panchayat. The Additional Chief Secretary of the panchayat and rural development department has sent a letter addressing all collectors of districts of Chhattisgarh and all the chief executive officers of district panchayats C.G. regarding the transfer of gram panchayat secretaries stating that despite clear guidelines, Gram Panchayat Secretary are being transferred continuously by the Chief Executive Officer arbitrarily which is against the rules. The petitioner sought information from the Respondent No.3 regarding recommendation/proposals made by the Janpad panchayat pithoura to the Chief Executive Officer regarding the transfer guidelines/directives through right to information, in response to which, petitioner received letter dated 05.10.2023 which states no such proposal/recommendation regarding transfer of service have been made. Petitioner vide letter dated 05.10.2023 made a representation to Respondent No.2 regarding cancellation of his transfer from the present place of posting to the distant place as the petitioner was appointed in 2021 and only 2.5 years have passed and there has been a lot of development in the village since the posting of petitioner.

3. Learned counsel for the petitioner submits that impugned order has been passed way back on 03.10.2023 and thereafter, this Court has passed interim order dated 16.10.2023 whereby, order of status quo has been passed in favour of the petitioner. He submits that by virtue of the said interim order, the petitioner is still worki