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2026:CGHC:15210 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2934 of 2026

1 - Narendra Sarkar S/o Late Manohar Sarkar Aged About 51 Years Posted As Sub-Divisional Officer In Rural Engineering Service Kartala Sub-Division Kartala R/o Plot No.21a Sardar Patel Nagar, Jamnipali, Korba District- Korba Chhattisgarh, ... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary Panchayat And Rural Development Mantralaya Mahanadi Bhawan Atal Nagar, Nava Raipur, District- Raipur Chhattisgarh, 2 - Commissioner Panchayat And Rural Development Vikas Bhawan Ground Floor, Sector- 19, North Block- Atal Nagar Nawa Raipur, Chhattisgarh Pin Code- 492102, 3 - Collector Korba District- Korba Chhattisgarh

4 - Chief Executive Officer Zila Panchayat Korba District- Korba Chhattisgarh, ... Respondent(s)

(Cause title is taken from CIS)

For Petitioner : Mr. Dhiraj Kumar Wankhede, Advocate For Respondents-State : Mr. Vivek Verma, Govt. Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

02/04/2026

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

“10.1. This Hon’ble Court may kindly be pleased to call for the entire records leading to passing of the impugned transfer order Annexure P-1 for its kind perusal.

10.2. This Hon’ble Court may further kindly be pleased to quash the impugned transfer order Annexure P-1 dated 11.03.2026, qua the petitioner herein.

10.3. That this Hon’ble Court be pleased to grant such other relief(s) in favour of the petitioner, as it may deem fit and proper in the interest of justice.

10.4. Cost of the petition may also be granted to the petitioner. ”

2. Learned counsel for the petitioner submit that the petitioner is holding post of Assistant Engineer. Vide order dated 11.03.2026 Annexure P/1, he has been transferred from Sub Division Kartala, District Korba to Kanker. It is the contention of the counsel for the petitioner that the petitioner since the date of initial appointment continuously been posted in the scheduled area, though at different places and offices. He further contended that according to the circular issued by the State Government dated 03.06.2015, posting of an employee in scheduled areas are to be made on rotation basis so that the employee who are posted in scheduled area can also be posted in non-scheduled area also. This circular has been overlooked by the State authorities by passing the order of transfer so far it relates to the petitioner. He submits that in the similar facts with this case, Hon’ble Division Bench of this Court while considering challenge to the transfer of an employee posted in scheduled area to again to the schedule area (core schedule area) has allowed the WA No. 549/2016 dated 14.12.2016. It is also contention of counsel for the petitioner that the petitioner has already submitted a representation before the concerned authority and prays that direction be issued to the concerned authority to consider and take decision on his representation at the earliest keeping in mind the circular of State Government dated 03.06.2015 and also the order of Division Bench of this Court. He further submits that he will submit a fresh representation before the Committee constituted under the Transfer Policy.

3. Learned counsel for the State opposes the submission and submits that from the order Annexure P/1 it is apprehended that the order of transfer is on administrative grounds. He further submits that the petitioner has not submitted the representation before the Committee constituted under the Transfer Policy. At this stage, learned counsel for the petitioner submits that he will submit a fresh comprehensive representation before the Committee constituted under the Transfer Policy and the said Committee be given direction to consider and take decision on the said representation.

4. On due consideration of submission of learned coun