Chattisgarh High Court
Lokesh Sahu vs State Of Chhattisgarh on 8 September, 2025
1
2025:CGHC:45747
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 9374 of 2025
1 - Lokesh Sahu S/o Shri Kumar Sahu Aged About 35 Years Current Address
Dubey House, Near Kendra Bindu, Soni Gali, Namanakala, Ambikapur,
District Surguja Chhattisgarh Permanent Address Basant Vihar Colony, Gate
No. 2, Gondwara, Raipur, P.O. Gudhiyari, District Raipur Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, The Department Of Housing
And Environment, Nava Raipur, Atal Nagar, Dist. Raipur Chhattisgarh
2 - Directorate Of Town And Country Planning Chhattisgarh, Indravati Bhavan
Nava Raipur, Atal Nagar, Dist. Raipur Chhattisgarh
3 - Commissioner Of Town And Country Planning Chhattisgarh, Indravati
Bhavan Nava Raipur, Atal Nagar, Dist. Raipur Chhattisgarh
4 - The Assistant Director Town And Country Planning, Ambikapur
Chhattisgarh Regional Office Ambikapur, District - Sarguja Chhattisgarh
... Respondent(s)
(Cause title taken from Case Information System)
For Petitioner(s) : Mr. Anurag Verma, Advocate
For Respondent(s)/State : Mr. Aditya Tiwari, Panel Lawyer
Hon'ble Shri Justice Ravindra Kumar Agrawal
Digitally
signed by
Order on Board
VED
VED PRAKASH
PRAKASH DEWANGAN
DEWANGAN Date:
2025.09.12
11:53:13
+0530
08/09/2025
1. The petitioner has filed the present writ petition claiming the following
reliefs:-
"10.1 This Hon'ble Court may kindly be pleased to
direct the Respondent Authorities to consider the
petitioner's representations as per circular dated
30/08/10 as well as law laid down in the matter of "Net
Ram Yadav Vs. State of Rajasthan & others" reported
in 2022(15) SCC 81 and decide the same within
stipulated time OR may kindly be pleased to direct the
respondent authorities to transfer the petitioner near
his home town by considering his disability.
10.2 Any other relief which the Hon'ble Court deems fit
and proper under the facts and circumstances may
also be provided to the Petitioners."
2. Learned counsel for the petitioner would submit that the petitioner is a
differently abled employee, who suffered 73% of locomotor disability.
He is posted as an Investigator at Town and Country Planning
Department and posted at Ambikapur, District Surguja, and his
permanent residence is at district Raipur. He would further submit that
since the petitioner is suffering from 73% of locomotor disability, he
may be posted at the place nearest to his permanent residence. The
Hon'ble Supreme Court in the matter of "Net Ram Yadav v. State of
Rajasthan and others" reported in 2022 (15) SCC 81 held that the
physically disabled employee shall be posted as practically as possible
to the nearest place of his residence. He would further submit that the
State Government has also issued circular on 30.08.2010, which also
permits the disabled employee to be posted at the place of his home
district as practically as possible. Therefore, in view of the said circular
dated 30.08.2010 as well as in view of the ratio laid down by the
Hon'ble Supreme Court in Net Ram Yadav's case (supra), the
petitioner may be posted at the nearest place of his residence. He also
made his representations to the respondent No. 4 on 20.03.2025 and
28.05.2025, which have not been decided till date, and therefore, the
respondent No. 4 may be directed to take a decision on his
representations in accordance with law, within the stipulated time
frame.
3. On the other hand, learned counsel for the State though opposes the
submissions made by learned counsel for the petitioner on merits,
however, he would submit that he has no objection, if a direction is
being given to the authorities concerned to decide the representations
of the petitioner in accordance with law within the stipulated time
frame.
4. Considering the limited submissions made by learned counsel for the
petitioner, the present writ petition is disposed of directing the
respondent No. 4 to take a decision on the pending representations of
the petitioner dated 20.03.2025 and 28.05.2025, in accordance with
law, keeping in view the circular dated 30.08.2010 as well as judgment
passed by the Hon'ble Supreme Court in the matter of Net Ram
Yadav's case (supra) within two months from the date of receipt of a
copy of this order.
5. The petitioner is directed to produce a copy of this order to the
respondent No.4 within 02 weeks from today.
6. With the aforesaid observations, the present writ petition is disposed
of.
Sd/-
(Ravindra Kumar Agrawal)
Judge
ved
