(Cause title is taken from CIS)

Order on Board

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

“10.1. That, this Hon’ble Court may kindly be pleased to call for the entire record pertaining to passing of promotion order dated 25.03.2026, for kind perusal of this High Court.

10.2 That this Hon'ble Court may kindly be pleased to set-aside/quash the new place of posting and impugned paragraph (last paragraph) of the promotion order dated 25.03.2026 (Annexure-P/1) passed by respondent No.2,

10.3 That this Hon'ble Court may kindly be pleased to set-aside the impugned place of posting mention in promotion order dated 25.03.2026 (Annexure-P/1),

10.4 That this Hon'ble Court may kindly be please to direct the respondent authorities to permit the petitioner to join promotional post of Office Assistant Grade-I, in the present place of posting i.e. C.E.(Gen.) ABVTPS Marwa.

10.5 Any other relief, which may be deemed fit and proper in the facts and circumstances of the case, may also be allowed.”

2. Learned counsel for the petitioner submit that petitioner was holding the post of the Assistant Grade II was considered for his promotion to the post of Assistant Grade I and vide order dated 25.03.2026 along with 38 employees petitioner has also been promoted to the post of Assistant Grade I. He contended that out of 38 promoted Assistant Grade I, they were accommodated and posted in the same office after their promotion, however the petitioner was earlier posted at C.E. (Gen.) ABVTPS, Marwa has been posted in the office of S.E. (Civil) CMDC, Gharghoda. Petitioner is finding it difficult to join the promotional place of posting at Ghardhoda because the petitioner is suffering with the spine problem and according to MRI LUMBO-SACRAl SPINE dated 04.02.2026, it is found that there is some aliment with respect to L3-L4 and L4-L5 inter-vertebral disc as they are desiccated, as loss of signal intensity on T2W images. He contended that looking to the nature of aliment with which the petitioner is suffering from, requires treatment from the experts which may not be available at the place of posting of the petitioner on transfer. He also submits that looking to the part of body with which he is suffering may if not be treated timely it may cause severe effects over the other parts of the body. Petitioner mentioning all the facts and medical ailment with which he is suffering from submitted a representation before the respondent No.2 which is pending consideration and therefore, direction be issued to respondent No.2 to consider and take decision on the representation submitted by the petitioner at the earliest preferably specific time frame, keeping in mind the medical ailment with which the petitioner is suffering from.

3. Counsel for the respondent though opposes the submission of counsel for the petitioner, however, she submits that she is having no objection if the direction is issued to respondent No.2 to consider and take decision on the pending representation submitted by the petitioner.

4. I have heard learned counsel for the respective parties and perused the documents placed on record.

5. On due consideration on the submission of learned counsel for the respective parties and further considering that petitioner is suffering with the medical ailment which is also clear from the report of MRI as enclosed along with the writ petition as Annexure P/8 dated 04.02.2026, the writ petition at this stage is disposed of directing respondent No.2 to consider and take decision on the representation submitted by the petitioner in accordance with law expeditiously preferably within further period of 3 weeks from the date of receipt of copy of this order.

6. Till decision is taken on the representation submitted by the petitioner no coercive steps shall be taken against the petitioner. Petitioner will be at liberty to submit all his reports and other related documents along with copy of this order before the re