Chattisgarh High Court
Khuleshwar Sinha vs State Of Chhattisgarh on 18 September, 2025
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
Page 1 of 3
2025:CGHC:47970
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 10839 of 2025
1 - Khuleshwar Sinha (Posted As Assistant Grade- III, Office Of Executive
Engineer, Water Resources Division, Gariyaband) S/o. Late Ashok Kumar
Sinha, Aged About 34 Years, R/o 841, Ward No. 13, Kumhar Para,
Gariyaband, District Gariyaband (C.G.)
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through Secretary, General Administration
Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar,
New Raipur, District Raipur (C.G.)
2 - Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya,
Capital Complex, Atal Nagar, New Raipur, District Raipur (C.G.)
3 - Under Secretary, Water Resources Department, Mahanadi Bhawan,
Mantralaya, Capital Complex, Atal Nagar, New Raipur, District Raipur (C.G.)
4 - Chief Engineer, Water Resources Division, Gariyaband, District
Gariyaband (C.G.)
5 - Executive Engineer, Water Resources Division, Gariyaband, District
Gariyaband (C.G.)
6 - Additional Chief Secretary, Home And Jail Department, Mahanadi
Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 492002. (Chairman
Of Committee Of Senior Secretaries)
7 - Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar,
Nava Raipur, District Raipur (C.G.) 492002. (Committee Member Of Senior
Secretaries)
8 - Secretary In-Charge, General Administration Department, Mahanadi
Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 492002. (Member
Secretary Of Committee Of Senior Secretaries)
... Respondents
For Petitioner : Ms. Nupur Trivedi, Advocate.
For State : Mr. Sabyasachi Choubey, Panel Lawyer.
Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board
18/09/2025
1. The petitioner who is working as Assistant Grade-III has filed this
petition assailing order dated 30.06.2025 by which he has been
transferred from office of Executive Engineer, Water Resources
Digitally
signed by
ARUN
ARUN KUMAR
KUMAR DEWANGAN
DEWANGAN Date:
2025.09.19
11:26:24
+0530
Division, District- Gariyaband to the office of Executive Engineer, Water
Resources Division, District- Sukma and also order dated 08.08.2025,
by which representation preferred by the petitioner has been rejected.
2. Learned counsel for the petitioner would submit that the petitioner has
been appointed on the post of Assistant Grade-III on compassionate
ground vide order dated 16.03.2020 and posted in the office of
Executive Engineer, Water Resources Division, District- Gariyaband
where he has discharged his duty with utmost satisfaction to the
department. She would further submit that his sister has some serious
ailments and no one is in the family to look after her and he has been
transferred to Sukma which is 445 Km. away from his present place of
posting. She would further submit that the Executive Engineer &
Superintending Engineer have recommended before Chief Engineer for
cancelling the transfer of the petitioner stating that the work of the
present place will hamper due to transfer of the petitioner. She would
further submit that in pursuance of the direction issued by this Court
vide order dated 21.07.2025 in WPS No. 7857/2025, the petitioner
preferred representation before the committee but the said
representation has been rejected by the committee and would pray for
quashing of the impugned transfer order dated 30.06.2025.
3. On the other hand, learned State counsel would submit that petitioner
is posted for more than 5 years in the present place of posting and no
employee can insist for a particular place of posting of his/her entire
service period, as such, the transfer order is just and proper and does
not warrant any interference by this Court and would pray for dismissal
of the writ petition.
4. I have heard learned counsel for the parties and perused the
documents placed on record with utmost satisfaction.
5. Considering the well settled legal position that no employee can insist
for a particular place of posting of his/her entire service period, I am not
inclined to entertain the instant writ petition challenging impugned
transfer order dated 30.06.2025.
6. It is well settled principle of law that the personal difficulties of a person
can be looked into by the employer. Hon'ble the Supreme Court in SK
Nausad Rahaman & others Vs. Union of India & others [(2022) 12
SCC 1], has held at paragraph 53 as under:-
"53. In considering whether any modification of the policy is
necessary, they must bear in mind the need for a proportional
relationship between the objects of the policy and the means
which are adopted to implement it. The policy above all has to
fulfill the test of legitimacy, suitability, necessity and of
balancing the values which underlie a decision making
process informed by constitutional values. Hence, while
upholding the judgment of the Division Bench of the Kerala
High Court, they leave it open to the respondents to revisit
the policy of accommodate posting of spouses, the needs of
the disabled and compassionate grounds. Such exercise has
to be left within the domain of the executive, ensuring in the
process that constitutional values which underlie Articles 14,
15 and 16 and Article 21 of the Constitution are duly
protected."
7. Considering the submission made by learned counsel for the petitioner,
the personal difficulties raised by the petitioner as well as the law laid
down by Hon'ble the Supreme Court in SK Nausad Rahaman (Supra),
the petitioner is directed to make afresh representation before the
concerned authorities within three weeks from the date of receipt of
copy of this order who will decide the representation of the petitioner in
accordance with law expeditiously.
8. With the aforesaid observations and directions, the instant writ petition
stands disposed of.
Sd/-
(Narendra Kumar Vyas)
Judge
Arun
