Citation : 2025 Latest Caselaw 4515 Chatt
Judgement Date : 17 September, 2025
1
2025:CGHC:47691
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 10515 of 2025
Dr. Madan Lal Kurre S/o Late Ghasiya Ram Kurre Aged About 48 Years
Working As Sports Officer At Shaheed Gundadhoor College Of Agriculture
And Researce Station, Kumhrawand, Jagdalpur, District- Jagdalpur At
Bastar ( C.G. ).
... Petitioner(s)
versus
1. State of Chhattisgarh Through- Principal Secretary Ministry Of Higher
Education Department, Mahanadi Bhawan, Atal Nagar, Mantralay, New
Raipur, District- Raipur Chhattisgarh.
2. Vice Chancellor Indira Gandhi Krishi Vishwavidyalaya Krishak Nagar,
Raipur, District Raipur ( C.G. ).
3. The Registrar Indira Gandhi Krishi Vishwavidyalaya Krishak Nagar, Raipur,
District- Raipur ( C.G. ).
... Respondent(s)
For Petitioner(s) : Mr. Tapan Chandra, Advocate
For Respondent(s) : Mr. Suyashdhar Badgaiyan, Dy. GA
For Respondent 2 and 3 : Mr. Shashank Thakur, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 17/09/2025
1. The petitioner has filed this petition assailing the order dated 18.07.2025
by which his service has been attached from Shahid Gundadhur Krishi
Digitally signed by SANTOSH SANTOSH KUMAR KUMAR SHARMA SHARMA Date:
2025.09.18 10:27:30 +0530
Mahavidyalaya and Research Center Jagdalpur to Lingo Mudiyal College
of Agriculture and Research station Narayanpur.
2. Counsel for the petitioner would submit that in the transfer policy does not
provide any attachment and even the government has depreciated the
practice of attaching the government servant and would pray for quashing
of the impugned order so far as it relates to the petitioner.
3. Counsel for the University would submit that the University is the
autonomous body and the circular of attachment issued by the
Government of Chhattisgarh which is not applicable to the employee as
the University is an autonomous body and the circular with respect to the
posting and transfer of the employee issued by the Government of
Chhattisgarh is not applicable to the University and looking to the
administrative exigencies he has been attached therefore, there is no
ground is available to the petitioner to challenge the order of attachment
and on the administrative exigencies he has been attached at Lingo
Mudiyal College Narayanpur, therefore, policy is not applicable to the
petitioner. He would further submit Narayanpur Agricultural College has
recently been established in the year 2019 which required sport activity
also and the petitioner is posted for last 14 years at a particular post,
therefore, for batter administration, his service is attached at Narayanpur
Agricultural College and would pray for dismissal of the petition.
4. I have heard learned counsel for the petitioner and perused the record.
5. Considering the facts & circumstances of the case, it is well settled
principle of law that the petitioner cannot insist to remain posted in a
particular place of posting for a particular period or for the entire service
period as transfer is exigency of service and the petitioner has already
remained there for 14 years at the same place, therefore, in light of
judgment of Hon'ble Supreme court in the case of SK Naushad Rahaman
& Other Vs. Union of India & Other 2020 (12) SCC 1 wherein the
Hon'ble Supreme Court has held that the transfer policy does not confer
any right to the government servant to remain posted at one place for ever,
as such I am of the view that the impugned order dated 18.07.2025 does
not suffer from perversity or illegality, therefore, the petition deserves to be
dismissed and it is dismissed. No order as to cost.
Sd/-
(Narendra Kumar Vyas) Judge
Santosh
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