Jageshwar Prasad Sahu vs State Of Chhattisgarh
2025 Latest Caselaw 1159 Chatt

Citation : 2025 Latest Caselaw 1159 Chatt
Judgement Date : 13 January, 2025

Chattisgarh High Court

Jageshwar Prasad Sahu vs State Of Chhattisgarh on 13 January, 2025

                                                1




                    HIGH COURT OF CHHATTISGARH AT BILASPUR


Digitally
signed by                          WPS No. 219 of 2025
RAVI
SHANKAR
MANDAVI


            1 - Jageshwar Prasad Sahu S/o Itwqari Ram Sahu Aged About 49
            Years Posted As Sahayak Matasya Adhikari, O/o Deputy Director
            Fisheries District Raipur CG
                                                                ... Petitioner


                                             versus


            1 - State Of Chhattisgarh Through Its Secretary, Fisheries Deptt,
            Mantralaya, Naya Raipur CG

            2 - Director Directorate Of Fisheries, Indravati Bhavan, Raipur CG

            3 - Smt. Anubhuti Dewagan Sahayak Matasya Adhikari, O/o Assistant
            Director, Fisheries, Distt, Balrampur CG

                                                               ... Respondent(s)

Order Sheet

13/01/2025 Heard Mr. Raja Sharma, learned counsel for the peti-

tioner as well as Ms. Nupur Trivedi, learned Panel

Lawyer for the State/respondent/s.

Learned counsel for the petitioner submits that he

has filed legible copy of page No.15, however he could

not file legible copy of page No.16, as it's a prescription

of the Doctor and it is difficult for him to get the typed

copy of the same.

Upon due consideration, I.A. No.02/2025 which is

an application for exemption from filing typed/legible

copy is hereby allowed and objection raised by this Reg-

istry is overruled.

The argument advanced by the learned counsel

for the petitioner is that it's a case of transfer in which

the petitioner has been transferred on the ground that

the respondent No.3 has applied for transfer on her own

expenses and she has been transferred in place of the

petitioner. The petitioner has not completed even 3

years of posting as he has been transferred earlier on

23.02.2022, as such 3 years has not been completed

and only on the ground that the respondent No.3 has

applied for transfer and she has been relieved for

Raipur on 28.03.2023, the petitioner has been trans-

ferred which is not in accordance with law.

He has placed reliance upon a judgment of

Hon'ble Supreme Court passed in Geetha V. M. and

Ors. vs. Rethnasenan K. & Ors. decided on

03.01.2025 in which it has been held that the transfer on

own request cannot be held to be a administrative exi-

gency and in public interest. It has been held vide para

39 as under :

"(39) The transfer of an employee is an inci-

dence of service if it is in public interest. It cannot be disputed that the Government is the best judge to decide how to distribute and utilise the services of an employee. Si- multaneously, if employee makes a request due to some hardship and if the authority or the Government as the case may be is satis- fied, it may post such employee as per re- quest, but such transfer cannot be termed as transfer in public interest because it is on the request of the employee and not in the exi- gencies of the public administration."

It has been further submitted that the respondent

No.3 has been transferred to Raipur but she has only

completed one year and some months at Balrampur.

Looking to the aforesaid facts and circumstances

of this case, purely as an interim measure the impugned

transfer order dated 01.01.2025, is hereby stayed till the

next date of hearing.

Issue notice to respondents.

Learned State counsel appears on advance copy

and accepts the notice on behalf of respondents No.1

and 2. Process fees need not to be paid.

Issue notice to respondent No.3, on payment of