Dr. Rajesh Shukla Vs State of Chhattisgarh

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2026:CGHC:570

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 13714 of 2025

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Dr. Rajesh Shukla S/o Late Ramshankar Shukla Aged About 59 Years Posted As Assistant Professor (History) Government J. Yoganandgam Chhattisgarh College, Raipur, District : Raipur, Chhattisgarh

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versus

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1 - State Of Chhattisgarh Through The Secretary Higher Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

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ALFIZA BAIG

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Digitally signed by ALFIZA BAIG Date: 2026.01.07 11:22:02 +0530

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2 - Under Secretary Higher Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

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			... Respondents
For Petitioner	:	Mr. Mateen Siddiqui, Advocate
For State	:	Mr. Love Sharma, Panel lawyer

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

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06/01/2026

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

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“10.1 That, this Hon’ble Court may kindly be pleased to set aside/quash the impugned transfer order dated 25.11.2025 (Annexure P-1) issued by Under Secretary, Higher Education Department;

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10.2 To kindly grant any other writ/writs, order/ orders, relief/ reliefs in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs of the petitioner.”

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Learned counsel for petitioner submits that petitioner was working as a Professor (History) at Yoganandam Chhattisgarh College, Raiput. By order Annexure P-1 dated 25.11.2025 petitioner was transferred to Rambhajan Rai N.E.S. Govt. Post Graduate College, Jashpur Nagar District Jashpur. Petitioner is aged about 58 years and is suffering from pre-cancerous fibrosis condition known as Oral Submucous Fibrosis. The certificate in this regard is issued by head of the department of Radiation Oncology Regional Cencer Centre, Pt. J.N.Mm Medical College and Dr. B.R. Ambedkar Memorial Hospital, Raipur, Chhattisgarh on 12.12.2025, copy of which is enclosed with the covering memo. He also submits that policy of State Government is that person aged more than 55 years are not to be posted in scheduled areas. He referred to the policy dated 03.06.2015 and submits that the impugned order of transfer order be set aside.

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Learned counsel for State opposes the submission made by learned counsel for petitioner and submits that petitioner if for any reason is aggrieved with the order of transfer then according to policy formulated by State Government dated 05.06.2025, petitioner can submit a representation before the committee constituted for consideration of grievances of employees affected by transfer, however, till date petitioner has not submitted any representation and has directly filed this writ petition.

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At this stage counsel for the petitioner submits that he may be permitted to submit a representation before the committee constituted under transfer policy.

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Heard learned counsel for respective parties and perused the documents enclosed along with this writ petition.

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The challenge in this writ petition is to the order dated 25.11.2025 whereby the petitioner is transferred from Raipur to Jashpur. Undisputedly according to transfer policy formulated by State Government the committee to consider the grievance of employees against their transfer is constituted. However, petitioner has not submitted any representation before such committee and, therefore, instead of keeping this writ petition pending and seeking reply from respondents, I find it appropriate to dispose of this writ petition at this stage, permitting the petitioner to submit a representation before the committee constituted under the terms of policy and raising all the grounds as raised in this writ petition within 10 days from today and in the even the petitioner submits a representation shall consider and take decision on representation to be submitted by petitioner in further period of 03 weeks in an objective manner, taking pragmatic views on grounds raised by the petitioner. Till the decision is taken on representation submitted by petitioner, no coercive steps shall be taken against him

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With the aforementioned direction, this writ petition is disposed of.

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Certified copy as per rules. sd/-

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(Parth Prateem Sahu) Judge

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Alfiza

Dr. Rajesh Shukla v. State of Chhattisgarh

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Dr. Rajesh Shukla v. State of Chhattisgarh

Case brief

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