Digitally signed by GOPAL SINGH Date:

2025.03.25

18:40:53 +0530 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 24 of 2025

1 - D.K. Chandel S/o P. L. Chandel Aged About 60 Years Raipur, R/o Quarter No. G-8, P.W.D. Colony, Katora Talab, Raipur, District Raipur, Chhattisgarh. (Res. No. 5)

... Petitioner versus

1 - State of Chhattisgarh Through The Secretary, Government Of Chhattisgarh Public Works Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh. 2 - The Engineer-In-Chief, Public Works Department, Nirman Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh. 3 - The Superintending Engineer, Public Works Department, Durg Circle, Durg, Chhattisgarh.

4 - The Superintending Engineer, Public Works Department, Circle No. 1, Raipur, Chhattisgarh.

5 - Nirmal Kumar Singh S/o Shri Adhar Singh Thakur Aged About 61 Years Presently Posted As Executive Engineer, Public Works Department, Division Bemetara, District Bemetara, Chhattisgarh.

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

For Petitioner : Shri Sunil Otwani and Shri Shobhit Koshta, Advocates For State/Respondents No.1 to 4 : Ms. Nupur Trivedi, Panel Lawyer For Respondent No.5 : Shri Ghanshyam Patel, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad

Order on Board

11/03/2025

1. This review petition has been filed being aggrieved by the order dated

6.12.2024 passed in WPS No.7971 of 2024 filed by respondent No.5 herein Nirmal Kumar Singh against his transfer order dated 30.11.2024. Review Petitioner D.K. Chandel is seeking review of the order dated 6.12.2024 on the ground that Nirmal Kumar Singh, respondent No.5 herein and petitioner in WPS No.7971 of 2024 has suppressed material facts and obtained order dated

6.12.2024 behind the back of the review petitioner.

2. Brief facts to decide the instant review petition are that the Secretary, Government of Chhattisgarh, Public Works Department has issued transfer order dated 30.11.2024 by which review petitioner D.K. Chandel has been transferred from Public Works Department, Raipur to Public Works Department, Bemetara, whereas respondent No.5 herein Nirmal Kumar Singh has been transferred from Public Works Department, Bemetara to Public Works Department, Raipur on administrative exigency. Respondent No.5 herein has challenged his transfer order and on 6.12.2024, when WPS No.7971 of 2024 came up for hearing, learned counsel appearing for the petitioner therein Nirmal Kumar Singh submitted that the petitioner therein is going to retire on 30.6.2025 on attaining the age of superannuation and only 7 months are left, as such the transfer order is not in accordance with the transfer policy of the State Government. However, the petitioner therein Nirmal Kumar Singh suppressed the fact that in pursuance of the transfer order dated 30.11.2024, he had already joined his transferred place at Raipur and further he has made a wrong statement that a transfer policy pertaining to year 2022 is in existence. This Court, only on the premises that Nirmal Kumar Singh is going to retire on 30.6.2025 and further according to the transfer policy of 2022 there is a ban on transfer if any employee is going to retire within one year, allowed the writ petition of Nirmal Kumar Singh. Review Petitioner D.K. Chandel, who was arrayed as respondent No.5 in WPS No.7971 of 2024 filed by petitioner Nirmal Kumar Singh was not noticed by this Court and relying upon the submission made in WPS No.7971 of 2024 as also the transfer policy annexed as Annexure P7 in that writ petition, passed the order dated 6.12.2024 allowing the writ petition. It is pertinent to mention the fact here that the order dated 6.12.2024 was challenged by present review petitioner D.K. Chandel in an appeal, being Writ Appeal No.10 of 2025 and a Division Bench of this Court, vide order dated 16.1.2025, has dismissed the writ appeal as withdrawn, however, present review petitioner D.K. Chandel was granted liberty to file a review petition as he was not noticed before