Nafr High Court
Case Details
1 Digitally signed by RAGHVENDRA JAT 2025:CGHC:43058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1702 of 2023 1 - Bholaram Dhruv S/o Uttara Kumar, Aged About 29 Years Working As Jail Warder, Central Jail, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh. 2 - Sukeshram Bareth S/o Amaru Bareth, Aged About 43 Years Working As Jail Warder, Central Jail Jagdalpur District Baster Jagdalpur Chhattisgarh. 3 - Omprakash Kanwar, S/o Raghuvir Singh Kanwar, Aged About 33 Years Working As Jail Warder, Central Jail Jagdalpur District Baster Chhattisgarh. 4 - Chandrashekhar Suryavanshi S/o Chandrakumar Suryavanshi, Aged About 35 Years Working As Jail Warder, Central Jail Jagdalpur District Baster Chhattisgarh. 5 - Lalaram Sidar, S/o Lakshman Singh, Aged About 34 Years Working As Jail Warder, Central Jail Jagdalpur District Baster Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Home (Police), Department Mantrlaya, Atal Nagar, Naya Raipur Chhattisgarh. 2 - The Director General, Jail And Corrective Service Chhattisgarh Raipur, District : Raipur, Chhattisgarh. 2 3 - The Superintendent Of Jail, Central Jail Jagdalpur District Bastar Chhattisgarh. --- Respondent(s) WPS No. 1755 of 2023 1 - Saroj Kumar Khatel S/o Malikram Khatel, Aged About 29 Years Working As Jail Warder, Central Jail, Jagdalpur District Bastar Jagdalpur Chhattisgarh. 2 - Binod Kumar Nirala S/o Deveram Nirala, Aged About 27 Years Working As Jail Warder, Sub Jail Sukma District Sukma Chhattisgarh. 3 - Vishwanath Baishwade, S/o Ram Kumar Baishwade, Aged About 36 Years Working As Jail Warder, District Jail, Sukma District Sukma Chhattisgarh. 4 - Kishore Mishra, S/o Santosh Mishra, Aged About 32 Years Working As Jail Warder, District Jail, Sukma District Sukma Chhattisgarh. 5 - Chandrashekhar Ratnakar, S/o Ramnihore Ratnakar, Aged About 34 Years Working As Jail Warder, Central Jail, Jagdalpur District Bastar Jagdalpur Chhattisgarh. 6 - Dhanjay Kumar Laskar, S/o Suderlal Laskar, Aged About 30 Years Working As Jail Warder, District Jail, Sukma District Sukma Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Home (Police), Department Mantralaya, Atal Nagar, Naya Raipur Chhattisgarh. 2 - The Director General, Jail And Corrective Service Chhattisgarh, Raipur District Raipur Chhattisgarh. 3 - The Superintendent Of Jail, Central Jail Jagdalpur District Baster Chhattisgarh. 4 - The Jail Superintendent, District Jail Sukma District Sukma Chhattisgarh. 3 --- Respondent(s) WPS No. 1763 of 2023 1 - Prakash Kumar Kurre S/o Devnarayan Kurre Aged About 29 Years Working As Jail Warder, Sub Jail, Khairagarh, District : Rajnandgaon, Chhattisgarh. 2 - Kumar Sai Paikra S/o Santsai Paikra Aged About 33 Years Working As Jail Warder, Central Jail Durg, District : Durg, Chhattisgarh. 3 - Ajay Kumar Raj S/o Dayaram Aged About 30 Years Working As Jail Warder, Central Jail Durg, District : Durg, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Home (Police) Department, Mantralaya, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh. 2 - The Director General Jail And Corrective Service Chhattisgarh, Raipur District - Raipur, Chhattiagarh. 3 - The Superintendent Of Jail Central Jail Durg, District : Durg, Chhattisgarh. 4 - The Jail Superintendent Sub Jail Khairagarh, District : Rajnandgaon, Chhattisgarh. --- Respondent(s) For Petitioner(s)
Legal Reasoning
: Mr. B.L. Dembra, Advocate. For Respondent(s)/State : Mr. Ajay Kumar Pandey, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/08/2025 4 1. Since common question of facts and law is involved in these
Decision
cases, as such, all these petitions are being disposed of by this common order. 2. The petitioners have prayed for certain reliefs in the writ petitions. Though there are some sort of differences in respect of prayer made by the petitioners in all the petitions, however, in sum and substance, the reliefs are altogether similar and identical. The reliefs prayed in WPS No. 1702/2023 (Bholaram Dhruv & Ors. vs. State of Chhattisgarh & Ors.) are quoted hereinbelow in order to consider these cases and to decide the same. “10.1 That, the Hon'ble Court may kindly be pleased to call for the records from the respondents pertaining to the case of the petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to issue a writ/direction directing the respondent authorities to consider the grievance of the petitioner in light of circulor dated 03.06.2015 and pass appropriate orders by transferring them in non-scheduled area forthwith. 10.3 That, the Hon'ble Court may kindly further be pleased to direct the authorities to take/decide the representation as filed in pursuance to the order passed by this Hon'ble Court in an earlier round of litigation to meet the ends of justice. 5 10.4 That, any other relief, which Hon'ble Court deems fit and proper, may also be granted to the petitioner in the interest of justice. An affidavit in support of this application is filed herewith.” 3. Brief facts of the case, is that, the petitioners were appointed in the years 2015 and 2016 as Jail Warders, and some of them were posted at Jagdalpur vide order dated 28.01.2016. Since the petitioners were posted in a Scheduled Area and have completed more than five years of service, they are entitled under the transfer policy dated 03.06.2015 to be posted in a non-Scheduled Area, but the respondent authorities have failed to take any action despite the petitioners filing a writ petition wherein this Hon’ble Court directed the authorities to decide their representation within 45 days, that though the petitioners submitted representations highlighting their grievance, no decision was taken, compelling them to file a contempt petition, which was subsequently withdrawn on oral assurance by the authorities with liberty to pursue their claim personally, that instead of complying with the order of this Hon’ble Court, the respondent authorities, in order to frustrate the claim of the petitioners, deliberately issued a transfer list excluding their names, which is illegal, arbitrary and malafide, that moreover, as per the advertisement under which the petitioners were 6 appointed, their posting was to be confined to the applied circle only, and they were sent to work in Naxalite-affected areas for five years, which period has already expired, entitling them to be posted back in their original circle and that despite clear directions of this Hon’ble Court, the respondent authorities have failed to decide the representations or take any steps, thereby forcing the petitioners to file the present petition as their grievance is genuine and subsisting. 4. Learned counsel for the petitioners submits that in each of the cases, the petitioners have been continuously serving in the Scheduled and Naxalite-affected areas, and have already completed more than five years of service therein. As per the provisions of the circular dated 03.06.2015, such employees, on completion of the prescribed tenure, are required to be transferred and posted in Non-Scheduled and Non-Naxalite areas. It is further urged that while several similarly placed employees have already been considered and transferred to Non-Scheduled and Non-Naxalite areas, the legitimate claims of the petitioners are being ignored without any justification. Learned counsel further draws attention to the order dated 14.02.2023, whereby as many as 11 Jail Warders, who were similarly placed, have been transferred from Scheduled and Naxalite-affected areas to Non-Scheduled and Non-Naxalite 7 areas. Since the petitioners stand on the same footing, denial of similar treatment to them amounts to hostile discrimination. Therefore, it is humbly prayed that this Hon’ble Court may be pleased to direct the concerned respondent authorities to duly consider the cases of each of the petitioners in light of the aforesaid circular and precedents, and to pass appropriate orders ensuring their transfer from Scheduled and Naxalite areas to Non-Scheduled and Non-Naxalite areas at the earliest. 5. On the other hand, learned counsel appearing on behalf of the State submits that in the event the petitioners or any of the concerned parties choose to file appropriate applications in accordance with law, the same shall be duly considered by the competent authority on its own merits and in accordance with the applicable rules, regulations, and circulars governing the field. 6. At this stage, learned counsel for the petitioners respectfully submits that the present matter represents the second round of litigation initiated by the petitioners, in as much as on an earlier occasion also they had approached this Hon’ble Court by filing petitions seeking redressal of their grievances. However, despite the lapse of considerable time and the intervention of this Hon’ble Court, no effective action has been taken by the respondents till date, thereby compelling the petitioners to once again knock the doors of justice. 8 7. At present, each of the petitioners have completed more than 9 years of their posting in the Non Scheduled and Non Naxalide areas as such the contentions raised by the respondent/State is not liable to be considered. 8. I have heard learned counsel for the parties and perused the material available on record. 9. Considering the facts and circumstances of the cases, the concerned respondent authorities are directed to re-consider the cases of the petitioners for their posting in Non Scheduled and Non Naxalide areas in view of circular dated 3.6.2015 and to pass appropriate orders within a period of 45 days from the date of receipt of copy of these orders. 10. With this observation and directions, the writ petitions are disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat