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2026 Supreme(Online)(Chh) 4308

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
MAHESH KUMAR SAHU – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPS/522/2026



2026:CGHC:2943 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 522 of 2026 • Mahesh Kumar Sahu S/o Late Ghanshyam Sahu Aged About 55 Years At Present Working On Post Of Revenue Inspector, Rnm Raipur-1, District Raipur, Chhattisgarh.

... Petitioner versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Revenue And Disaster Management, Secretariat, Mahanadi Bhawan, Atal Nagar, District Riapur, Chhattisgarh.

2. Director Land Records, Chhattisgarh, Indrawati Bhawan, Block-2, First Floor, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh.

3. Collector Raipur, District Raipur, Chhattisgarh.

4. Committee Of Senior Secretaries Constituted For Redressal Of Grievance Relating To Transfer Case Secretariat, Mahanadi Bhawan, Atal Nagar, District Raipur, Chhattisgarh.

... Respondents (Cause title taken from Case Information System)

For Petitioner : Mr. Shobhit Koshta, Advocate.

For State/Respondents : Ms. Diksha Gouraha, P.L.

Hon'ble Shri Justice Parth Prateem Sahu

Order on Board

19/01/2026

1. This petition has been preferred by the petitioner under Article 226 of the Constitution of India, seeking following reliefs:-

“10.1 That this Hon’ble Court may kindly be pleased to issue appropriate writ and direct the respondent authorities to quash the impugned transfer order dated 30.06.2025 (Annexure-P/2) qua the petitioner and impugned order dated 07.10.2025 in the interest of justice.

Digitally signed DEEPTI by JHA DEEPTI JHA

10.2 That, Hon’ble Court may kindly be pleased to call for the records relating to the petitioner candidature.

10.3 Any other relief which that Hon’ble Court deem fit and proper may also kindly be granted to the petitioner in the interest of justice.”

2. Learned counsel for the petitioner submits that the petitioner is holding the post of Revenue Inspector has been transferred from the Office of Land Records, District Raipur (C.G.) to the Office of Land Records, District Sukma (C.G.). Petitioner has earlier submitted a representation before the committee constituted under the Transfer Policy, raising two specific grounds that his wife is posted as Lecturer in Government Higher Secondary School Boriyakala, District Raipur (C.G.). According to the policy formulated by the State Government, husband and wife as far as possible to be kept at one place. He next contended that petitioner is above 55 years of age, and therefore, also according to the policy formulated by the State Government dated 03.06.2015 (Annexure-P/4), he ought not to have been transferred to the difficult scheduled area. The committee has not considered the grounds raised in the representation, but has dismissed the representation in a mechanical manner, adopting casual approach.

3. Learned State counsel submits that petitioner is still 55 years of age, according to the details as mentioned in the cause title. She also submits that the policy formulated by the State Government is directory and is not mandatory. She further contended that it cannot be claimed as matter of right, and is not to be read as statute. Petitioner is holding the transferrable post and has completed the tenure for his transfer, and therefore, there is no error in the order of Transfer or the decision making process of the committee constituted under the Transfer Policy.

4. I have learned counsel for the parties and perused the documents annexed along with this petition.

5. To appreciate the submission of learned counsel for petitioner, perused the documents enclosed along with writ petition. Perusal of which would show that petitioner has not specifically stated as to when he was posted at the present place of posting and since when he was being working at Raipur or Raipur District. Perusal of transfer order Annexure-P/2 dated 30.06.2025 would show that along with petitioner 58 other similarly situated employees have also been transferred on administrative exigency. Petitioner is holding a transferable post, he cannot claim as a matter of right to be posted at a particular place.

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