Digitally 2025:CGHC:61005 signed by SHAYNA NAFR KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8025 of 2023

1 - Harish Kumar Sahu S/o Pyare Lal Sahu Aged About 51 Years Presently Working As Assistant Engineer, R/o House No. 596, Ward No. 8, Block-Arang Abhanpur, District Raipur (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Nava Raipur, District Raipur (C.G.)

2 - Additional Secretary Department Of Panchayat And Rural Development, Mahanadi Bhawan, Nava Raipur, District Raipur (C.G.)

3 - Chief Engineer Vikas Bhawan, Nava Raipur, District Raipur (C.G.)

4 - Superintending Engineer Raipur Circle, Zila Panchayat Premises, Raipur (C.G.)

5 - Executive Engineer Raipur Division, Zila Panchayat Premises, Raipur (C.G.)

6 - D.P. Chouney Assistant Engineer, Rural Engineering Service, Sub Division Bilaspur, Composite Building, District Bilaspur (C.G.)

... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Ms. Chetna Sharma For State : Mr. Sakib Ahmed, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

15/12/2025

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

“10.1 That, Hon'ble Court may kindly be pleased to call for the records of the proceedings culminating in the transfer of petitioner.

10.2 That, Hon'ble Court may kindly be pleased to quash the impugned order dated 29.09.2023 [Annexure P/1] issued by the respondent no. 2, so far as it relates to the petitioner, in the interests of justice.

10.3 Any other relief, including the cost of this petition, as it appears to be fit and appropriate to this Hon'ble Court.”

2. Facts of the case, in a nutshell, are that the petitioner was promoted to the post of Assistant Engineer (Civil) vide order dated 22.09.2021 and was posted in the Rural Development Division, Chhattisgarh Rural Road Development Authority, Mahasamund, where he duly joined in compliance of the said order. Thereafter, by transfer order dated 30.09.2022, the petitioner was transferred to the Rural Engineering Service Sub Division, Arang, District Raipur (C.G.), and he joined at the said place of posting on 13.10.2022. While the petitioner had barely completed about one year at Arang Sub Division, he was again transferred vide order dated 29.09.2023 from his present place of posting to R.E.S. Sub Division, Bilaspur, allegedly on administrative grounds, and respondent No.6 was posted in his place. The petitioner asserts that the impugned transfer order has been issued in contravention of the applicable transfer policy and is arbitrary, giving rise to the present writ petition.

3. Learned counsel for the petitioner submits that the impugned transfer order dated 29.09.2023 is illegal, arbitrary and unsustainable in law, as the same has been issued in clear contravention of the Transfer Policy for the year 2022–2023. It is contended that the petitioner is a victim of frequent and premature transfers, inasmuch as he was posted at Rural Engineering Service Sub Division, Arang on 13.10.2022 and has been transferred again within a short span of barely one year, without any justifiable reason. Learned counsel further submits that the mid-term transfer would cause serious hardship to the petitioner and his family, as his elder daughter is pursuing her studies in a Polytechnic at Raipur and his younger daughter is studying in Class-IX at K.P.S., Nava Raipur, and their academic sessions are already midway, which would be adversely affected in the event of the petitioner’s relocation to Bilaspur. It is also submitted that respondent No.6, who has been posted in place of the petitioner, is due to retire within the next six months and has not even joined till date, which clearly belies the plea of any administrative exigency. Learned counsel further points out that vide order dated 09.10.2023 passed by this Court, an interim relief staying the transfer of the petitioner has already