2026 Supreme(Online)(Chh) 6319
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SMT. CHANDRA KIRAN KULDEEP – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPS/14166/2025
SYED ROSHAN ZAMIR ALI Digitally signed 2026:CGHC:799 by SYED ROSHAN ZAMIR ALI NAFR Date:
2026.01.06
18:56:55 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 14166 of 2025
1. Smt. Chandra Kiran Kuldeep W/o Ram Bhuan Kuldeep Aged About 44 Years Working As Rural Health Coordinator (Female), Sub-Health Centre, Fulpad, Block- Antagarh, District- North Bastar Kanker (C.G.)
... Petitioner versus
1. State of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur (C.G.)
2. The Collector District- North Bastar Kanker (C.G.)
3. The Block Medical Officer Antagarh, District- North Bastar Kanker (C.G.)
4. The Block Medical Officer Bhanupratappur, District- North Bastar Kanker (C.G.)
... Respondents For Petitioner : Mr. Ajeet Kumar Yadav, Advocate For Respondents : Ms. Smita Jha, Hon'ble Mr. Justice Parth Prateem Sahu
Order On Board
06/1/2026
1. Petitioner has filed this writ petition with limited prayer that respondent No.3 be directed to forthwith relieve petitioner from his present place of posting to join at transferred place in compliance of transfer order dated 30.6.2025 (Annexure P-1).
2. Learned counsel for petitioner submits that vide order dated
30.6.2025 petitioner, who is working as Rural Health Coordinator (Female) and posted at Sub-Health Centre, Fulpad, Block Antagarh, District North Bastar Kanker, is transferred to Sub-Health Centre Karmoti, Block Bhanupratappur. After passing of transfer order, when relieving order of petitioner is not issued for some time, she submitted representation dated 4.6.2025 (Annexure P-2) before respondent No.3 requesting him to relieve her from present place of posting to join at transferred place, but till date no decision is taken on petitioner's representation. He submits that in light of decision in case of Ms. Manisha Agrawal vs. State of Chhattisgarh & ors, reported in (2015) 4 CGLJ 182, respondents are bound to relieve petitioner immediately, particularly when transfer order of petitioner is not varied by Competent Authority either by amending or modifying it. He contended that based on decision in Ms. Manisha Agrawal's case (supra), various orders are passed by Co-ordinate Benches in identical cases where despite issuance of transfer order employees are not relieved to join at transferred place. In such a situation, he submits that at this stage grievance of petitioner would get redressed if a direction is issued to respondent No.3 to consider and decide petitioner's representation / application dated 4.6.2025 (Annexure P-4) at the earliest.
3. Learned State Counsel does not dispute that petitioner is transferred vide order dated 30.6.2025 as also the fact that various orders are passed by Co-ordinate Benches while dealing with identical issue. He submits that he is having no objection to limited prayer made by learned counsel for petitioner.
4. Heard learned counsel for parties and perused documents filed along with writ petition.
5. In case of Ms. Manisha Agrawal (supra), while dealing with non-relieving of a government servant pursuant to her transfer by competent authority, this High Court observed thus;-
“5.Before adverting to the rival submissions made by the parties, it would be appropriate to refer to clause 2.4 and 2.6 of the transfer policy for the year
2014 (Annexure P/7) which reads as under:-
2-4- foHkkxksa dk ;g nkf;Ro gksxk fd ;fn vuqlwfpr {ks=ksa ds ‘kkldh; lsod dk xSj&vuqlwfpr {ks= esa LFkkukUrj djus ds izLrko gS] rks mlds ,othnkj dk Hkh izLrko ¼tks xSj&vuqlwfpr {ks= ls gks½ vfuok;Zr% j[kk tk,A ‘kgjh {ks= ,oa xzkeh.k {ks=ksa esa fjfDr;kas dk tks vlarqyu ¼becSysal½ gS] mls larqfyr ¼cSysal½ djus dk fo’ks”k /;ku j[kk tk,A vk’k; ;g gS fd xzkeh.k {ks= esa ftrus izfr’kr in fjDr gS] ‘kgjh {ks=ksa esa yxHkx mlh ds vuq:i in fjDr jg ldsaA ,slh fLFkfr esa fufeZr u gks fd ‘kgjh {ks=ksa eas yxHkx lHkh in Hkjsa gks rFkk xzkeh.k {ks=ksa esa dkQh fjfDr;kW cuh jgsaA
2-6 vuqlwfpr {ks= ds ‘kkldh; lsod dk xSj&vuqlwfpr {ks= esa LFkku