Nafr High Court
Case Details
1 2025:CGHC:44891 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10343 of 2025 1 - R.S. Bhadauriya S/o Shri R.P. Singh Aged About 51 Years Posted As Assistant Grade-01, Office Of The Divisional Forest Officer, Forest Division Marwahi, Pendraroad, District Gaurela-Pendra-Marwahi C.G. versus ... Petitioner 1 - State of Chhattisgarh Through The Secretary, Department of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Nava Raipur Atal Nagar, District Raipur C.G. 2 - Collector, District Gaurela-Pendra-Marwahi C.G. 3 - Chief Forest Conservator, Bilaspur Circle, Bilaspur C.G. 4 - Divisional Forest Officer, Forest Division Marwahi, District Gaurela-Pendra- Marwahi C.G. 5 - Divisional Forest Officer, Forest Division Dharamjaigarh, District Raigarh C.G.
Legal Reasoning
6 - Smt. Shail Gupta, Assistant Grade-01, Forest Division Marwahi, Pendraroad, District Gaurela-Pendra-Marwahi C.G. For Petitioner : Mr. Yogendra Chaturvedi, Advocate. For State-Respondents : Mr. K.S. Saini, Panel Lawyer. ... Respondents Hon'ble Shri Justice R avindra Kumar Agrawal, J. Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.04 19:23:52 +0530 03-09-2025 Order on Board 1. The present writ petition has been filed by the petitioner against the order dated 11-08-2025 (Annexure-P/1) and 18-08-2025 (Annexure-P/2) whereby the 2 petitioner’s attachment has been cancelled and he was directed to appear at his original place of posting, i.e., Dharamjaigarh Forest Division and prayed the
Decision
following relief(s) in the writ petition:- “10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/writs, order/orders, direction/directions, and set-aside/quash the impugned order Annexure P/1, whereby the respondent authorities have directed the petitioner to give joining to the earlier place of his posting. 10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/writs, order/orders, direction/directions, and set-aside/quash the impugned order Annexure P/2, whereby the respondent authorities have relieved the petitioner and directed to ensure his presence at Forest Division Dharamjaigarh, District Raigarh (C.G.). 10.3 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/writs, order/orders, direction/directions, and direct the respondent authorities to allow the petitioner to continue his service at present place of his posting i.e. Forest Division Marwahi, District Gaurela-Pendra-Marwahi (C.G.). 10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that the petitioner was initially posted at Dharamjaigarh Forest Division on the post of Assistant Grade-I, due to his ill health he made request to the Department for his transfer to any other convenient place and vide 01-01-2025 (Annexure-P/3) he was assigned the special duty at Marwahi from Forest Division Pendraroad and thereafter, he relieved from 3 Dharamjaigarh Forest Divsion on 03-01-2025 and joined there at Pendraroad Forest Division. He would further submit that to accommodate respondent No.6 the authorities have passed the order on 11-08-2025 cancelling the attachment of the petitioner and directed him to appear in his duties at Dharamjaigarh Forest Division and on 18-08-2025 he was relieved for Dharamjaigarh Forest Division. He would further submit that the authorities have considered the posting of the petitioner as attachment, whereas, he was transferred on his own request to Forest Division Pendraroad and assigned duty on special duty at Marwahi, since it was not the attachment but a transfer and his salary was also drawn from Pendraroad Forest Division, therefore, the impugned order itself is erroneous and the same may be quashed. He would also submit that the petitioner is suffering from liver disease for which his treatment is continued at Bilaspur hospital, therefore, considering his ailment he may be permitted to remain there at Pendraroad Forest Division. 3. On the other hand, learned counsel for the State, on instruction, opposes and has submitted that vide order dated 01-01-2025 the petitioner was assigned duties on special duty at Marwahi, Forest Division Pendraroad temporarily which has been cancelled vide order dated 11-08-2025 and he was directed to joine his duties at his original place of posting, i.e., Dharamjaigarh Forest Division. He would further submit that as per the transfer policy dated 05-06-2025 all the attachments have been cancelled w.e.f. 05-06-2025 and in that view of the transfer policy the petitioner has to be sent back to his original place of posting, for which the impugned orders have been passed by the authorities. Therefore, there is no infirmity or arbitrariness in the impugned orders and the petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material annexed with the petition. 5. The petitioner has claimed that vide order dated 01-01-2025 he was transferred from Dharamjaigarh Forest Division to Pendraroad Forest Division. From 4 perusal of the document Annexure P/3 it transpires that he was assigned special duty at Marwahi under the Pendraroad Forest Division temporarily and the contents of the order reads as under:- “oueaMykf/kdkjh /kjet;x<+ oueaMy ds i= dzekad 1687 fnukad 31-12-2024 ds ek/;e ls Jh vkj-,l- HknkSfj;k] lgk;d xzsM 01 ds LokLF; [kjkc jgus ds dkj.k /kjet;x<+ oueaMy ls vU;= LFkkukarj.k gsrq izsf"kr vuqla’kk i= ij lgkuqHkwfriwoZd fopkj djrs gq, rRdky izHkko ls fo’ks"k drZO; ejokgh oueaMy is.MªkjksM esa vkxkeh vkns’k i;Zur vLFkk;h #i ls M~;wVh yxk;h tkrh gSA” 6. When the petitioner was assigned duties temporarily at Marwahi, Forest Division Pendraroad, it cannot be said that he was transferred, but it appears that he was attached to Forest Division Pendraroad which has been cancelled vide order dated 11-08-2025 under the transfer policy dated 05-06-2025. Even if it is a transfer, the authorities have in the public interest and administrative exigency have right to transfer the employees as per their requirement. The petitioner cannot claim to be remain posted at a particular place and under the administrative exigency as well as under the transfer policy dated 05-06-2025 he was sent back to his original place of posting, i.e., Forest Division Dharamjaigarh. 7. It is a trite law that transfer/posting is an incidence of service, the Court should not interfere with the transfer/posting order, unless there is malice, infringement of statutory rules and regulations. The employees may be posted anywhere at the instance of the employer in public interest and administrative exigency. Further, it is for the government to post another person, if any vacancy arises on account of transfer/posting of an employee. [see Airport Authority of India v. Rajiv Ratan Pandey and others, 2009 (8) SCC 337 and Chief Commercial Manager, South Central Railway, Secunderabad and others v. G. Ratnam and others, 2007 (8) SCC 212 and also Shilpi Bose (Mrs.) and others v. State of Bihar and others, 1991 Suppl. 2, SCC 659]. Further, from the documents 5 annexed with the petition and the instructions submitted by the respondents/State, this Court does not find any scope of interference in this petition. 8. In view of the above settled legal position and also in the facts and circumstances of the case, no case for interference with the impugned orders is made out. Accordingly, the writ petition is dismissed. Aadil Sd/- (Ravindra Kumar Agrawal) Judge