2026:CGHC:5745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1200 of 2026 Santosh Kumar Vanik S/o Shri Krishna Kumar Vanik Aged About 38 Years Occupation - Service, Working As M.L.T. (Medical Lab Technologist), Posted In District Hospital Jashpur, Distt. Jashpur Chhattisgarh ... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, New Mantralaya, Mahanadi Bhawan, New Raipur Chhattisgarh

2 - The Secretary Department Of General Administration, New Mantralaya, Mahanadi Bhawan, New Raipur Chhattisgarh

3 - The Director Department Of Health And Family Welfare, Health Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur Chhattisgarh

4 - The Collector District Jashpur Chhattisgarh

5 - The Joint Director Division Sarguja, District Sarguja Chhattisgarh

6 - The Chief Medical And Health Officer District Hospital, District Jashpur Chhattisgarh

7 - The Civil Surgeon Cum Chief Medical Superintendent District Hospital, Jashpur District Jashpur Chhattisgarh

8 - The Block Medical Officer Community Health Center, Bagicha, District Jashpur Chhattisgarh ... Respondents For Petitioner : Mr. A. N. Bhakta, Advocate along with Mr. Vivek Bhakta, Advocate For State : Mr. Vivek Verma, Govt. Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

02.02.2026

1. Petitioner has filed this writ petition seeking following reliefs:-

“10.1 That the Hon’ble Court may kindly be pleased to call for the entire records of the case from the authorities concerned for its kind perusal.

10.2 That the Hon’ble Court may kindly be pleased to set aside the impugned order dated 13.10.2025 (Annesxure P-1 Colly, SI. NO. 11) arising out of the recommendation made by Transfer Redressal Committee on 07.10.2025, arising out of the representation made by the petitioner on 25.07.2025 (Annexure P-2) before the Transfer Redressal Committee (Senior Secretarate Committee), Raipur, arising out of the order dated 22.07.2025 (Annexure P-3) in Writ petition(s) no. 7378/2025, arising out of the transfer order dated 30.06.2025 (Annexure P-4) issued by the Respondent no. 4 (Collector Jashpur), in the interest of justice.

10.3 Any other relief, which this Hon’ble High Court deems fit and proper, in the interest of justice.”

2. Learned counsel for petitioner submits that petitioner while holding the post of Medical Lab Technologist at District Hospital, Jashpur is transferred to Primary Health Centre, Champa, Block Bagicha, District-

Jashpur on administrative grounds. Petitioner had submitted representation before the Committee constituted under the Transfer Policy raising the grounds that wife of petitioner is also a Government servant and is holding the post of Staff Nurse at District Hospital, Jashpur and, therefore, both of them are to be posted at the same place. Child of petitioner is also studying in school and further that wife of petitioner is carrying pregnancy of 6-7 months. The Committee while considering the representation submitted by petitioner has not considered all the grounds and has passed the order on 07.10.2025 rejecting the same only considering that transfer of petitioner is on administrative ground.

3. Learned counsel for State opposes the submission made by learned counsel for petitioner and submits that petitioner in this writ petition has not specifically pleaded as to since when petitioner is posted in present place of posting i.e. at District Hospital, Jashpur. He however contended that transfer is incidence of service and employee cannot claim as a matter of right to be posted at a particular place. The ground raised by counsel of petitioner based on the transfer policy that husband and wife is to be kept at one place, is as far as possible and the clauses of transfer policy cannot be read as a statute. He also pointed out the transfer order is dated 30.06.2025 and about more than six months has already been lapsed from the date of transfer.

4. At this stage, counsel for petitioner submits that till date petitioner