The State Government has the overriding authority to transfer Revenue Inspectors despite specific provisions in the Land Records Rules, and transfer policies regarding posting tenure or spouse proximity do not confer an absolute, legally enforceable right to remain at a specific station against administrative exigencies.

CAV ORDER

1. Since common question of law and facts are involved in both the writ petitions, they are heard analogously and are being disposed of by this common order and WPS No. 11189 of 2025 shall be treated as lead case and the facts of this case, are being taken into consideration while deciding the issue raised in these petitions.

2. The petitioner who is working as Revenue Inspector has filed this writ petition under Article 226 of the Constitution of India assailing the order dated 30.06.2025 passed by respondent No. 1 by which he has been transferred from Office of Collector Land Records Branch, District Raipur to Office of Collector Land Records Branch, District Balrampur-Ramanujganj on administrative ground. The petitioner has also challenged the order dated 21.08.2025 passed by the Committee constituted by the State to consider the representation against the transfer of government servant by which representation preferred by petitioner has been rejected.

3. The brief facts, as reflected from the records are that:-

(A) The petitioner was initially appointed on the post of Patwari vide order dated 05.08.2010 and was posted at different places in the State of Chhattisgarh. Vide order dated 12.12.2017 the petitioner was promoted to the post of Revenue Inspector and posted in the office of Collector (Nazul Branch), Raipur, District- Raipur till December, 2020 and thereafter, the petitioner was posted in the Office of Revenue Minister, Government of Chhattisgarh from December, 2020 till December, 2023.

(B) The petitioner has been transferred vide order dated 02.02.2024 and posted as Revenue Inspector R.N.M Birgaon, Tahsil- Dharsiva, District- Raipur. Vide impugned order dated 30.06.2025, the petitioner’s services have been transferred from the Office of Collector Land Records Branch, District- Raipur to the Office of Collector Land Records Branch, District- Balrampur- Ramanujganj on administrative ground. The petitioner preferred a representation on 03.07.2025 regarding his transfer and when the same was not decided, he preferred writ petition before this Court bearing WPS No. 7383/2025 and this Court vide order dated 22.07.2025 directed the Committee to decide the representation of the petitioner and also directed that no coercive action shall be taken against the petitioner. In pursuance of direction issued by this Court, the Committee constituted by the State to consider the representation against the transfer of government servant, decided the representation of the petitioner by rejecting the same vide order dated 21.08.2025. Hence, this petition has been filed assailing transfer order as well as rejection of his representation.

4. Learned counsel for the petitioner would submit that as per Clause 3.10 of Transfer Policy, 2025, an employee cannot be transferred who has not completed more than 2 years in the present place of posting and the petitioner is posted at present place of posting since 02.02.2024, as such he has not completed 2 years service at the present place of posting, hence the impugned transfer order is bad-in-law, illegal and against the provisions of law. He would further submit that one similarly situated employee namely Sheetal Das who since her promotion in the year 2018 till today is posted at District- Durg, who raised the similar grounds of violation of transfer policy on the ground has been transferred from Durg to Bhilai within a span of 2 years whereby the Committee has allowed the representation of the petitioner and subsequently quashed the