Where a government employee's seniority is adversely affected by a transfer erroneously categorized as 'on own request' and a representation is pending, the court directs the competent authority to decide the representation in accordance with law.

ORDER ON BOARD

1. Petitioner has filed this writ petition seeking following reliefs;

“a) Quash and set aside the impugned order dated 16.04.2026 (Annexure P/1);

b) Quash the impugned seniority list dated 23.04.2026 (Annexure P/2) to the extent it places the petitioner at the bottom of the seniority list;

c) Declare that the petitioner's transfer dated 26.11.2024 is not on his own request and direct the respondents to restore his original seniority in District Police Force, Surajpur;

d) Direct the respondents to consider the case of the petitioner for promotion to the post of Head Constable in accordance with his rightful seniority and eligibility;

e) Grant all consequential benefits including seniority and promotion;

f) Pass any other order deemed fit in the interest of justice.”

2. Learned counsel for petitioner submits that petitioner was appointed on the post of Constable in the year 2006 in District: Sarguja and subsequently after forming the new district of Surajpur petitioner has been posted and deployed in Surajpur. Respondent authorities vide order dated 18.06.2024 has transferred the petitioner along with other employees, in which petitioner was transferred from Surajpur to Jashpur. As petitioner is holding the Class III post, according to service rules, the seniority is to be fixed of such employees district wise. After receiving the order of transfer being obedient employee petitioner has joined the place of transfer, however, have submitted the representation thereafter that petitioner has not submitted any application for his transfer from one district to another and therefore, petitioner may be sent back to the district of which he is an appointee i.e. District: Surajpur. The representation was though considered, however, due to inadvertent mistake in considering grounds pleaded in the representation, petitioner has been shown to be transferred to Surajpur district on his own cost. He contended that pursuant to the order dated 26.11.2025, petitioner has joined the transferred place of posting at Surajpur district, however, he again made request to the authorities and subsequently submitted a representation before the authorities in the month of March, 2026 for making necessary correction in the order of transfer. This step is taken by the petitioner when petitioner came to know that petitioner has been placed in bottom of the seniority list. Petitioner was hoping for the decision on his representation, however, the petitioner was served with the letter issued by the respondent No. 2 to respondent No. 4 in which it only mentions about the consideration of the representation on the order of transfer dated 18.06.2024. The representation submitted by the petitioner on 23.02.2026 till date has not been considered. Petitioner is apprehending that the respondent authorities may consider the constables of the Surajpur District for their promotion on the post of Head Constable at any time and therefore the proceedings of promotion may be stayed till decision is taken in the writ petition filed by the petitioner.

3. Counsel for the respondent-State would oppose the submission with regard to the staying of the proceedings of the promotion. He further submits that as petitioner has already submitted a representation before the superior authority through proper channel which appears to be pending before the concerned authority.

4. I have heard counsel for the parties.

5. The grievance of the petitioner is that petitioner was an initial employee of the Surajpur district prior to the date of his transfer in the year 2024 to Jashpur district. He al