Aakash Patel Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Aakash Patel Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to submit a detailed representation before the concerned respondents within 10 days, with a direction to the concerned respondent to consider and decide it in accordance with law/relevant rules preferably within 30 days; certified copy as per rules. No relief on merits; prayers for quashing the order dated 22/11/2022, transfer to Raigarh, and payment of outstanding salary were not adjudicated.

Issue for consideration

Whether the order dated 22/11/2022 (Annexure P/1) should be quashed and the petitioner's matter considered afresh in accordance with the circular dated 20/02/2006 (Annexure P/13). +3 more

Ratio / Principle

Without commenting on the merits, the writ petition stands disposed of, granting the petitioner liberty to submit a detailed representation before the concerned respondents within 10 days of receipt of a copy of the order, raising all grounds raised in the writ petition along with a copy of the petition.

Key takeaways

On submission of such representation, the concerned respondent shall consider and decide the same in accordance with law/relevant rules, expeditiously and preferably within an outer limit of 30 days from receipt of the representation.ratio¶27

Detailed headnote1 paragraphs

Chhattisgarh High Court, Bilaspur (Amitendra Kishore Prasad, J.; order dated 10.09.2025) in WPS No. 1390 of 2023: writ petition filed in person by a store keeper/pharmacist serving at CIMS, Bilaspur pursuant to a transfer order, seeking (i) quashing of an order dated 22/11/2022 (Annexure P/1) with fresh consideration per circular dated 20/02/2006 (Annexure P/13), (ii) decision on his representations dated 15.11.2022, 16.11.2022 and 22/11/2022, (iii) release of outstanding salary, and (iv) cancellation of the transfer and posting near Raigarh where his wife is employed and his residence lies about 50-60 km away. Learned State Counsel did not oppose. Without commenting on merits, the Court disposed of the petition granting liberty to file a detailed representation within 10 days and directing the respondents to consider and decide it in accordance with law/relevant rules preferably within an outer limit of 30 days. No substantive rights adjudicated.

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2025:CGHC:46308

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 1390 of 2023

Digitally ABHIGYA signed by SAXENA ABHIGYA SAXENA

1 - Aakash Patel S/o Gopal Parsad Patel, Aged About 34 Years Presently Working On The Post- Store Keeper At Sant Baba Guru Ghasidas Memorial Govt. Hospital Raigarh, District - Raigarh (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through It's Principal Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur, DistrictRaipur (C.G.)

2 - Joint Director Cum Medical Superintendent, Sant Baba Guru Ghasidas Ji Memorial Govt. Hospital Raigarh, District- Raigarh (C.G.)

3 - Director Of Medical Education, Old Nurses Hostel, Dks Bhawan Campus Raipur, District Raipur, C.G.

... Respondent(s)

For Petitioner(s) : Mr. Aakash Patel, Petitioner-in-person. For Respondent(s) : Mr. Ajay Pandey, G.A.

Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board

10.09.2025

This petition has been filed by the the petitioner seeking for the following reliefs :-

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10.1. That, the Hon'ble Court may be kindly enough to quash the order dated 22/11/2022 (Annexure P/1) and direct the respondent authority to consider the matter of the petitioner afresh in accordance with the circular dated 20/02/2006 (Annexure P/13) in the ends of justice.

10.2. That, the Hon'ble Court may kindly be pleased to direct the respondent authority to decide the all the representations dated 15.11.2022, 16.11.2022 and 22/11/2022 made by the petitioner before the respondent authority.

10.3. That, this Hon'ble Court may kindly be pleased to direct the release outstanding salary respondent authority immediately to petitioner.

10.4. Any other relief/relief's which may deem fit and proper in the facts and circumstances of the case may also be allowed.

Mr. Aakash Patel, petitioner-in-person, submits that he is a pharmacist currently employed at CIMS, Bilaspur. He further contends that the order of transfer, pursuant to which he has been posted in Bilaspur, may kindly be cancelled. The petitioner prays that he be transferred to Raigarh on the grounds that his wife is employed at Maharishi Vidya Mandir, Raigarh, and that the petitioner’s residence is situated within a radius of approximately 50 to 60 kilometers from Raigarh. The petitioner further submits that he has to take care of his son,

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and in light of this, requests that the respondent authorities consider his transfer application in a pragmatic and compassionate manner. The petitioner humbly prays that the earlier transfer order may be cancelled and an appropriate order be passed, directing his transfer to a posting within the vicinity of Raigarh.

Learned State Counsel does not oppose the above prayer made by petitioner-in-person.

Considering facts of the case, limited prayer made by the petitioner and not opposed by learned State Counsel, without commenting on merits of the case, writ petition stands disposed of giving liberty to the petitioner to submit detailed representation before concerned respondents, within ' 10 days ' from the date of receipt of copy of this order, raising all grounds as raised in this writ petition along with copy of this petition. On submission of such representation, concerned respondent shall consider and decide the same, in accordance with law/relevant rules and expeditiously preferably within an outer limit of ' 30 days ' from the date of receipt of such representation.

Certified copy as per rules.

Sd/-

(Amitendra Kishore Prasad) Judge

Saxena