Disposed¶38

Asit Golchha v. State of Chhattisgarh

Chhattisgarh HC11 Jan 2026WPS/1825/2024

Case brief

AI extract

What is this about?

Service law - transfer orders - WPS writ petitions - interim protection in force - petitioners continuing at original postings pursuant to interim orders - transfer orders dated 29.09.2023 and 12.03.2024 quashed qua petitioners - liberty reserved to State Government to pass fresh transfer orders in accordance with law and policy after due application of mind - Rural Engineering Service, Bemetara/Bijapur, Chhattisgarh - petitions disposed of - no order as to costs.

What did the court decide?

Impugned transfer orders dated 29.09.2023 and 12.03.2024 quashed in so far as they relate to the petitioners, with liberty to the State Government to pass fresh transfer orders, if required, in accordance with law and policy after due application of mind; no order as to costs. ¶38

Asit Golchha Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned transfer orders dated 12.03.2024 and 29.09.2023 deserve to be quashed, given that the petitioners continue working at their original places of posting pursuant to this Court's interim orders, with liberty for the State to pass fresh orders strictly in accordance with law.

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Court's answer

Since the petitioners are working at their original place of posting by virtue of the interim orders passed by this Court, no useful purpose would be served in keeping the present petitions pending any further, and the impugned transfer orders deserve to be interfered with.

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Ratio / Principle

The impugned transfer orders dated 29.09.2023 and 12.03.2024, so far as they relate to the present petitioners, are hereby quashed.

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Key takeaways

It is made clear that the quashing shall not preclude the State Government from passing fresh transfer orders, if required, in accordance with law and policy, after due application of mind.ratio¶37

Detailed headnote1 paragraphs

Writ petitions (WPS No. 8012 of 2023 - Prerna Soni; WPS No. 1825 of 2024 - Asit Golchha) assailing the petitioners' respective transfer orders dated 12.03.2024 and 29.09.2023 issued by respondent No. 2. Interim protection had earlier been granted by this Court vide orders dated 06.10.2023 and 22.03.2024, pursuant to which both petitioners continued working at their original places of posting, with no adverse action taken against them. Holding that no useful purpose would be served in keeping the petitions pending, the Court (Single Bench, Justice Amitendra Kishore Prasad, 12.01.2026) quashed the impugned transfer orders so far as they related to the present petitioners, while clarifying that the order does not preclude the State Government from passing fresh transfer orders, if required, in accordance with law and policy after due application of mind. Both writ petitions stand disposed of; no order as to costs.

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2026:CGHC:1790

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Digitally VISHAKHA signed by BEOHAR VISHAKHA BEOHAR

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 8012 of 2023

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1 - Prerna Soni D/o Mr. Mukesh Soni Aged About 29 Years Presently Working As Assistant Engineer (Civil), Rural Engineering Service, SubDivision Bemetara, District Bemetara (C.G.)

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--- Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 - Engineer-In-Chief Rural Engineering Service, Vikas Bhawan, Civil Lines, Raipur (C.G.)

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3 - Executive Engineer Rural Engineering Service, Division Bemetara, District Bemetara (C.G.)

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4 - Chhattisgarh Rural Road Development Agency Piu 1, Raipur, District Raipur (C.G.)

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--- Respondent(s)

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WPS No. 1825 of 2024

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1 - Asit Golchha S/o Milap Golchha, Aged About 38 Years At Present Posted As Assistant Engineering Services, Sub Division Berla, District Bemetara Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh.

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2 - Under Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh

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3 - Collector, Bemetara, District Bemetara Chhattisgarh.

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... Respondents

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(Cause-title taken from the Case Information System)

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For Petitioner(s) :- P. Chetan Kumar, Advocate in WPS No. 1825/2024

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For State :- Mr. Sangharsh Pandey, Govt. Advocate

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SB- Hon'ble Shri Justice Amitendra Kishore Prasad

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Order on Board

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12.01.2026

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By way of these writ petitions, the petitioners are assailing their respective transfer orders dated 12.03.2024 and 29.09.2023 , issued by respondent No. 2. Vide the impugned orders, petitioner Asit Golchha was transferred from Rural Engineering Services, Sub-Division Berla, District Bemetara (C.G.) to Rural Engineering Services, Sub-Division Bhairamgarh, District Bijapur (C.G.) ,

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whereas petitioner Prerna Soni was transferred from the office of the Sub-Divisional Officer, Sub-Division Bemetara (C.G.) to the office of respondent No. 4.

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Learned counsel for the petitioners submits that both the petitioners had approached this Court earlier by filing WPS No. 8012/2023 and WPS No. 1825/2024 , wherein this Court, vide orders dated 06.10.2023 and 22.03.2024 respectively, granted interim protection to the petitioners. In pursuance of the said interim orders, the petitioners are presently working at their original places of posting. It is further submitted that during the pendency of the present petitions, the interim orders passed by this Court have remained in force and no adverse action has been taken against the petitioners. In the aforesaid circumstances, learned counsel for the petitioners submits that the grievance raised in these petitions would stand redressed if the impugned transfer orders are quashed with liberty to the State authorities to pass fresh orders, if so advised, strictly in accordance with law.

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Learned counsel for the State disputes the fact that the petitioners are continuing at their original places of posting pursuant to the interim orders passed by this Court, however, interim order passed in their favour was not disputed. He submits that the State would abide by any direction issued by this Court.

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I have heard learned counsel for the parties and perused the material available on record.

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Considering the facts and circumstances of the case, and taking note of the submissions advanced by learned counsel for the parties, this Court is of the opinion that no useful purpose would be served in keeping the present petitions pending any further. Since the petitioners are working at their original place of posting by virtue of the interim orders passed by this Court, the impugned transfer orders deserve to be interfered with to the extent indicated hereinbelow.

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Accordingly, the impugned transfer orders dated 29.09.2023 and 12.03.2024 , so far as they relate to the present petitioners, are hereby quashed. However, it is made clear that this order shall not preclude the State Government from passing fresh transfer orders, if required, in accordance with law and policy, after due application of mind.

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With the aforesaid observations and directions, both the writ petitions stand disposed of .

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No order as to costs.

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sd/-

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(Amitendra Kishore Prasad) Judge

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Vishakha

Asit Golchha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Asit Golchha v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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