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2026:CGHC:14885 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 2875 of 2026

Jagdish Chandra Panda S/o Shri Ramesh Chandra Panda Aged About 48 Years Pharmacist, C H C Bhairamgarh, District Bijapur, Chhattisgarh

... Petitioner

versus

1 - State Of Chhattisgarh Through The Secretary, Public Health And Family ALFIZA BAIG Welfare, Mantralaya At Mahanadi Bhawan, Atal Nagar, Naya Raipur, District

Digitally signed Raipur Chhattisgarh by ALFIZA BAIG Date:

2026.04.04

16:36:30 +0530

2 - The Transfer Committee Through Secretary, General Administration Department, Mantralaya At Mahanadi Bhawan, Atal Nagar, Naya Raipur,

District Raipur Chhattisgarh

3 - The Collector Bijapur, District - Bijapur Chhattisgarh

4 - The Chief Medical And Health Officer Bijapur, District Bijapur Chhattisgarh 5 - Shri Aseem Adhikari Presently Posted As Pharmacist At C H C

Bhopalpatnam, Bijapur, District Bijapur Chhattisgarh ... Respondents

For Petitioner : Mr. Tanmay Thomas, Advocate For State : Mr. Lav Sharma, Panel Lawyer

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S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

01.04.2026

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

‘10.1This Hon’ble Court may kindly be pleased to issue writ of appropriate nature to quash/st aside the impugned order dated 01.09.2025 (Annexuer P-1) for

being unlawful and arbitrary.

10.2 This Hon’ble Court may kindly be pleased to issue writ of appropriate nature to quash/set aside the impugned transfer order dated 30.06.2025 (Annexuer P-2) to the extent of transfer of the petitioner for being

unlawful and arbitrary.

10.3 That, the Hon’ble Court may kindly be pleased to direct the respondents to pay the salary which is

unpaid till date to the petitioner along with interest.

10.4 That, the Hon’ble Court may kindly be pleased to grant any other relief which this Hon’ble Court may

deem fit and appropriate.

10.5 Cost of the petition may also be given.”

2. Learned counsel for petitioner submits that petitioner is holding the post

of Pharmacist at Community Health Centre, Bharaimgarh, District Bijapur, C.G. However vide order dated 30.06.2025 he was transferred to Community Health Centre, Bhopalpatnam, District- Bijapur, C.G. Aggrieved by the transfer order petitioner has submitted representation before the committee constituted under the Transfer Policy which was

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rejected without considering the grounds raised by petitioner in his representation in an appropriate manner, and therefore, the recommendation made by the committee as also the order of transfer vide Annexure P-1 and Annexure P-2 respectively be quashed. He further submits that petitioner is suffering with heart disease which was not at all considered, respondent no. 5 who has been transferred at the place of petitioner has been permitted to work at earlier place of posting by Chief Medical Health Officer and therefore, there is no

vacant place available for petitioner to join.

3. Learned counsel for the State opposes the submission made by

learned counsel for petitioner and further submits that petitioner has been transferred on administrative grounds and therefore, the committee constituted under the Transfer Policy has rightly not interfered with the transfer of petitioner. He also submits that Chief Medical Health Officer vide Annexure P-12 has temporarily permitted respondent no. 5 to work at his earlier place of posting. The order of

transfer has not been canceled.

4. I have heard learned counsel for the respective parties and perused

the documents enclosed along with this writ petition.

5. It is not pleaded in the writ petition that petitioner has not completed

minimum tenure as fixed by the State Government for considering a government employee for their transfer, and therefore, it is to be presumed that petitioner has completed the tenure fixed by the State Government for consideration of an employee for his/her transfer. The order of transfer of petitioner clearly shows that the petitioner has been

transferred on an administra