2026:CGHC:7242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1333 of 2026 Sanjeev Ranjan Singh S/o Siyaji Singh Aged About 34 Years Sub Engineer R/o Near Nirankari Bhawan Ward No 23 Street 6 Deepak Nagar Durg Chhattisgarh ... Petitioner(s)

versus Digitally signed by SHOAIBS A H N O W A A I R B ANWARDate:

2026.02.10

1 + 7 0 : 5 5 3 7 0 :42 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development Education, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh 2 - Development Commissioner Vikash Bhawan Sector 19 Atal Nagar New Raipur District Raipur Chhattisgarh 3 - Executive Engineer Rural Engineering Service Durg Division Durg Chhattisgarh

4 - Chief Executive Officer Jila Panchayat Durg District Durg Chhattisgarh

5 - Chief Executive Officer Janpad Panchayat Durg District Durg Chhattisgarh ... Respondent(s)

(Cause title taken from CIS)

For Petitioner(s) : Shri Shashi Kumar Kushwaha, Advocate. For Respondent(s) : Ms. Diksha Gouraha, Dy. Govt. Advocate.

Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

10.02.2026

1. By the present petition, the petitioner has called in question the legality and validity of the recommendation dated 21.8.2025 (Annexure-P/1) made by the Transfer Committee by which the representation submitted by the petitioner pursuant to the order dated 22.7.2025 passed by this Court in WPS No.7690 of 2025 has been rejected. The petitioner is also challenging the order dated 28.1.2026 by which he has been transferred from Janpad Panchayat, Patan, District Durg (substantive place of posting is Janpad Panchayat, Durg) to Janpad Panchayat, Katekalyan, District Dantewada as also the order dated and 29.1.2026 by which he has been relieved to join at the new place of posting.

2. The case of the petitioner, in brief, is that he was initially appointed as Sub Engineer (Civil) on 07.09.2013 and was posted in the Scheduled Area at Kondagaon. After completing about four years of service there, he was transferred by order dated 29.07.2016 to Janpad Panchayat, Durg, which, according to the petitioner, is his substantive place of posting. Though he was temporarily attached to Janpad Panchayat, Patan by the Executive Engineer, his salary continued to be drawn from Durg and all official communications, including training and duty orders, showed his posting as Janpad Panchayat, Durg.

3. It is the grievance of the petitioner that by the order dated

30.06.2025, he has been shown to be transferred from Janpad Panchayat, Patan, whereas his substantive posting is at Janpad Panchayat, Durg. On the basis of such order, he has been directed to be relieved, which according to him is illegal and arbitrary, as the attachment order cannot be treated as a transfer order and the Executive Engineer has no authority to supersede the posting order issued by the State Government.

4. It is further contended that there is a complete ban on attachment as per circular dated 04.06.2001 and that the petitioner has already served for more than four years in a Scheduled Area. As per the circular dated 03.06.2015, an employee who has worked for more than two years in a Scheduled Area is entitled to be posted in a Non-Scheduled Area, yet by the impugned order he has again been sent to a Scheduled Area. The petitioner also submits that his representation raising all these grounds has been rejected without proper application of mind.

5. On the last date of hearing, learned State Counsel sought time to obtain instructions on the said issue. Today, learned State Counsel submits, on instructions, that the substantive posting of the petitioner is at Janpad Panchayat, Durg, and he was only attached at Janpad Panchayat, Patan. This fact is also borne out from Annexure P/3 (relieving order), wherein it has been specifically mentioned that the substantive posting of the petitioner is at Janpad Panchayat, Durg. She further places reliance on communication dated 09.02.2026, which clarifies that the petitioner’s substantive post