Dismissed¶39

Ajay Kumar Maravi v. State of Chhattisgarh

Chhattisgarh HC1 Jan 2026WPS/11827/2025

Case brief

AI extract

What is this about?

High Court of Chhattisgarh, WPS No. 11827 of 2025, decided 02/01/2026 by Parth Prateem Sahu, J. - Cancellation of a government employee's inter-district transfer order (Collector office Kabirdham to Collector office Bilaspur) upheld where made on the Collector's request for 20 class-III and 20 class-IV employees for four newly notified Tehsils (Rengakhar Kala, Kunda, Pipariya, Kutud); held to be administrative exigency, not arbitrary; writ petition dismissed. No statute or precedent was cited or discussed.

What did the court decide?

The decision of respondent no. 1 cancelling the order of transfer pursuant to the request letter of respondent no. 3 for posting of new employees cannot be said to be an arbitrary exercise of power; in the opinion of the Court it appears to be in administrative exigency. ¶38

Ajay Kumar Maravi Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

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2026:CGHC:185

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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ALFIZA BAIG

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Digitally signed by ALFIZA BAIG Date: 2026.01.07 18:52:29 +0530

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WPS No. 11827 of 2025

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Ajay Kumar Maravi S/o Darsu Ram Maravi Aged About 31 Years Posted Assistant Grade- Iii, At Office Of Collector Kawardha District Kabirdham (C.G.)

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... Petitioner

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versus

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1 - State Of Chhattisgarh Through Its Secretary Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.)

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2 - Under Secretary Revenue And Disaster Management Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.)

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3 - Collector Kabirdham District Kabirdham (C.G.)

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... Respondents

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For Petitioner : Mr. Md. Anwar Ansari, Advocate For State : Mrs. Akanksh Verma Dabhadker, Panel lawyer

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S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board

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02/01/2026

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Learned counsel for petitioner has filed this writ petition seeking following reliefs:-

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“10.1 This Hon’ble Court may kindly be pleased to quash and set aside the impugned cancellation order dated 29.08.2025 issued by the respondent no. 2, which arbitrary and mala fide cancellation the petitioner’s cancelled the petitioner’s initial/earlier transfer order dated 30.06.2025 without assigning any reasons, violating the principles of natural justice, and in clear contravention of the binding directions of this Hon’ble Court.

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10.2 This Hon’ble Court may kindly be pleased to direct the respondent authority to immediately implement and effectuate the petitioner’s transfer order dated 30.06.2025 by relieving the petitioner from his current posting place and posting him to the place specified in the said transfer order ( “ Office of Collector District Bilaspur”) in compliance with the judicial directions of this Hon’ble Court meaning thereby to give effect to the earlier order of the petitioner & further to give joining to the petitioner at his translated place.

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10.3 To kindly direct the respondents not to take any arbitrary, mala fide, or contrary action against the petitioner in respect of the above transfer or in any manner impede the implementation of the transfer order.

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10.4 To kindly grant any other relief(s), writ(s), order(s) or direction(s) as may be deemed just and proper in the facts and circumstances of the present case, in the interest of justice.”

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Learned counsel for petitioner submits that petitioner is holding the post of Assistant Grade – III and is posted in office of Collector, District – Kabirdham vide order dated 30.06.2025. Petitioner along with other employees were transferred and petitioner was transferred from office of Collector, District- Kabirdham to office of Collector district Bilaspur on administrative ground, however, petitioner was not relieved. Aggrieved with which petitioner filed writ petition bearing WPC No. 9174 of 2025 which was disposed of vide order dated 06.08.2025 directing the respondents to relieve the petitioner if order of petitioner is still operative, however, instead of complying with the order passed by this court and relieving petitioner. Respondents have issued an order

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Annexure P-1 cancelling the order of transfer which is arbitrary exercise of power. No reason has been assigned in the order for cancelling the earlier order of transfer dated 30.06.2025.

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Learned counsel for State would opposes the submission made by learned counsel for petitioner and would submit that the petitioner cannot claim as a matter of right for transferring the service to another district. She submits that after passing of an order on 30.06.2025 transferring the petitioner and other employees from the office of District Kabirdham/other offices within the district, the Collector DistrictKabirdham wrote letter on 02.07.2025 requesting respondent no. 1 to post 20 class-III employees and 20 class-IV employees mentioning that four new Tehsils namely Rengakhar Kala, Kunda, Pipariya and Kutud were notified for which extra employees are required. Considering the request letter forwarded by Collector on administrative exigency the transfer of employees within the district Kabirdham to another district has been cancelled. She also submits that not only the transfer of petitioner is cancelled but transfer of as many as 10 class – III and class – IV employees were cancelled vide Annexure P-1.

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I have heard learned counsel for the parties and perused the documents enclosed along with this writ petition.

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Annexure P-2 is an order of transfer issued by respondent no. 1 wherein the transfer of the employees posted within several revenue district where transferred to other districts on the grounds as mentioned therein. Petitioner was not relieved upon which he approached this Court by filing of a writ petition bearing WPS No. 9174 of 2025 which was disposed of vide order dated 06.08.2025 with following directions and observations.

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“3. Accordingly, the writ petition is disposed of with the direction that if the transfer order of the petitioner is still operative, the respondent authorities shall relieve the petitioner towards implementation of the transfer order.

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It is also made clear that if any administrative exigency impede the petitioners’ relieving, the petitioner shall be informed in writing. It will also remain open for the respondents to reconsider the

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issue of transfer on account of any administrative exigency. “

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In reply respondents have taken very specific stand that due to administrative exigency transfer of employees class III and class IV from district Kabirdham has been cancelled. Relevant para for ready reference:

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“7. That in compliance of the directions of the Hon’ble Court and looking to the administrative exigency of the services of the petitioner at District Kabirdham vide the order impugned dated 29.08.2025 (Annexure P-1) the transfer order dated 30.06.2025 (Annexure P-2) in respect to the petitioner has been cancelled.”

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Respondent State has taken specific plea that there is shortage of employees after issuance of transfer order Annexure P-2 and further more employees are needed in newly constituted Tehsils i.e. Rengakhar kala, Pipariya, Kunda and Kutud.

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In the aforementioned facts of the case the decision taken by respondent no. 1 pursuant to the request letter of respondent no. 3 for posting of new employees cannot be said to be arbitrary exercise of power in cancelling order of transfer but in the opinion of this Court it appears to be in administrative exigency, therefore, I do not find any good ground to interfere with the decision taken by respondent no. 1 vide Annexure P-1 cancelling the order of transfer.

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