Hemsagar Gupta Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Hemsagar Gupta Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the impugned transfer order dated 15/01/2025 (as far as it relates to the petitioner) till the Committee's decision; direction to the petitioner to approach the committee constituted vide order dated 03.03.2025 with a representation within 15 days, which the Committee shall decide within 20 days of filing in accordance with law and the relevant transfer policy; liberty to apprise the Committee of the Court's order.

Issue for consideration

Whether the transfer order dated 15.01.2025 shifting the petitioner from Govt. Co-Ed. Polytechnic, Raipur to Govt. Polytechnic, Sukma (a scheduled area) is contrary to the State Government circular dated 03/06/2015, given his earlier scheduled-area posting at Bijapur (2016) and subsequent transfer to Raipur (2019). +1 more

Court's answer

Looking to the grievance of the petitioner, the Court directed that the petitioner shall approach the committee constituted vide order dated 03.03.2025 by filing a representation within 15 days from the date of receipt of a copy of the order.

Ratio / Principle

On filing of such representation, the said committee shall decide the representation of the petitioner in accordance with law and the relevant transfer policy, within a period of 20 days from the date of filing.

Key takeaways

Till the decision of the Committee, the impugned transfer order dated 15/01/2025, as far as it relates to the petitioner, shall remain stayed; the petitioner is at liberty to apprise the Committee with regard to the order passed by the Court.ratio¶¶27

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur, single-judge order (Justice Bibhu Datta Guru), 22/04/2025, in WPS No. 590 of 2025. A Lecturer (Mechanical) at Government Co-Ed. Polytechnic, Raipur challenged his transfer order dated 15.01.2025 (Annexure P-1) transferring him to Govt. Polytechnic, Sukma (a scheduled area) on administrative exigency, contending that it violated the State Government circular dated 03/06/2015 in view of his earlier scheduled-area posting at Bijapur (2016, shifted to Raipur in 2019), and that execution of the transfer would cause him irreparable harm having regard to the Department's order dated 05/12/2024 (Annexure P/5) permitting him to pursue M.Tech (Mechanical Engineering) at Shri Rawatpura Sarkar University, Raipur in evening classes. The Court did not adjudicate the validity of the transfer: it directed the petitioner to approach the grievance committee constituted vide order dated 03.03.2025 with a representation within 15 days, to be decided by the Committee within 20 days of filing in accordance with law and the relevant transfer policy; until the Committee's decision, the impugned transfer order, as far as it related to the petitioner, was ordered to remain stayed, with liberty to apprise the Committee of the Court's order.

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2025:CGHC:18242

Digitally signed by SOURABH SOURABH BHILWAR BHILWAR Date: 2025.04.23 10:52:38 +0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 590 of 2025

1 - Hemsagar Gupta S/o- Santosh Gupta Aged About 32 Years Posted As Lecturer (Mechanical), Government Co- Ed. Polytechnic Raipur District Raipur (C.G.)

... Petitioner

versus

1 - State Of Chhattisgarh Through The Secretary, Skill Development, Technical Education And Employment Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.)

2 - Deputy Secretary Skill Development, Technical Education And Employment Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.)

3 - Director Directorate Of Technical Education, Indrawati Bhawan, Naya Raipur Atal Nagar, Raipur District Raipur (C.G.)

... Respondents

(Cause title is taken from Case Information System)

For Petitioner : Mr. Mateen Siddiqui and Diksha Gouraha, Advocates For Respondents/State : Mr. Vinay Pandey, Dy. Advocate General

(HON’BLE SHRI JUSTICE BIBHU DATTA GURU)

Order on Board

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22/04/2025

By the present writ petition, the petitioner, who is working on the post of Lecturer (Mechanical), is questioning the transfer order dated 15.01.2025 (Annexure P-1) by which the petitioner has been transferred from Govt. Co-Ed. Polytechnic, Raipur to Govt. Polytechnic, Sukma on administrative exigency.

Learned counsel for the petitioner submits that the petitioner is questioning the transfer order stating that the petitioner initially posted at Bijapur, which is a scheduled area in the year 2016 and thereafter in the year 2019 he has been transferred from Bijapur to Raipur. Again by the order impugned he has been transferred to the scheduled area. The same is contrary to the circular issued by the State Government dated 03/06/2015. He submits that vide order dated 05/12/2024 (Annexure P/5) the respondent Department has granted permission to the petitioner to pursue M.Tech (Mechanical Engineering) at Shri Rawatpura Sarkar University, Raipur and to pursue his education in evening classes excluding the official time of the petitioner. The petitioner has already admitted in the Shri Rawatpura Sarkar University, Raipur for pursuing the course of M.Tech. On account of execution of the transfer order, the petitioner shall suffer irreparably.

Learned counsel for the respondents/ State on instructions, submits that, as far as, the transfer of employees of the State government is concerned, the State government has decided to constitute a committee to consider the grievance of the employees in case of transfer. He further submits that if the

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petitioner will approach the said committee, the committee will decide the same in accordance with law and the relevant transfer policy.

I have heard learned counsel for the parties and perused the documents.

Looking to the grievance of the petitioner, it is directed that the petitioner shall approach the committee constituted vide order dated 03.03.2025 by filing a representation within a period of 15 days from the date of receipt of a copy of this order. In case of filing of such representation, the said committee shall decide the representation of the petitioner in accordance with law and the relevant transfer policy, within a period of 20 days from the date of filing of such representation.

It is made clear that till the decision of the Committee, the impugned transfer order dated 15/01/2025, as far as it relates to the petitioner, shall remain stayed.

The petitioner is at liberty to apprise the Committee with regard to the order passed by this court.

Sd/- (BIBHU DATTA GURU) JUDGE

$. Bhilwar