IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR
Writ Petition (S) No. /2022
PETITIONER : Rajesh Rathore, S/o. Late Shri Shiv
Kumar Rathore, aged about 45
years, R/o New Chandaniyapara,
Janjgir, Tehsil Janjgir, District
Janjgir-Champa (C.G.)
VERSUS
RESPONDENTS 1] State of Chhattisgarh, Through:
Secretary, Public Health
Engineering Department, Mahanadi
Bhawan, Mantralaya, Capital
Complex, Atal Nagar, New Raipur,
District Raipur (C.G.)
2] Executive Engineer, Public Health
Engineering Department, Division
Champa, District Janjgir-Champa
(C.G.)
3] Nitesh Patwa, Assistant Grade- II,
Public Health Engineering
Department, Division Raigarh,
District Raigarh (C.G.)
WRIT PETITION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA
1] PARTICULARS OF THE PETITIONER (S):
As stated above in the cause title.
2] PARTICULARS OF THE RESPONDENT (S):
As stated above in the cause title.
3] PARTICULARS OF THE CAUSE ORDER(S) AGAINST,
WHICH THE PETITION IS MADE SUBJECT MATTER IN
BRIEF
The petitioner who is holding the substantive post of
Assistant Grade- II and is posted in the office of Public Health
Engineering, Division Champa, District Janjgir-Champa
(C.G.), by way of instant writ petition is challenging the
legality, validity and proprietary of the order dated
30.09.2022, whereby the petitioner has been transferred
from the present place of posting to the office of Public
Health Engineering, Division Raigarh, District Raigarh (C.G.).
The petitioner has been transferred treating on the ground
that the petitioner and respondent no. 03 have mutually
agreed to interchange their location and have given their
consent for the same. The transfer on the ground of mutual
consent is wrong and no consent has been given or obtained
on the part of the petitioner as well as respondent no. 03
prior to transfer on the ground of mutual consent, as no such
transfer was ever discussed with the petitioner nor any
consent was obtained for the same therefore the transfer
order suffers from latches and illegality.
That, the petitioner has been transferred within 1 year
of his previous transfer, that is, 18.10.2021 which is in
violation of the transfer policy of State Government.
Furthermore, the transfer order has been made on the false
ground that a mutual agreement was obtained from
petitioner and respondent no. 03 for interchange of location.
The impugned transfer order has been passed arbitrarily
without obtaining any consent. The impugned transfer order
being illegal, erroneous and contrary to law and it is
therefore, liable to be set aside. ANNEXURE P/1 is the Copy
of the impugned transfer order dated 30.09.2022; the name
of the petitioner is at serial No. 37 and respondent no. 03 is
at serial no. 36. Hence this petition on the following facts and
grounds;
4] WHETHER CAVEAT FILED, IF YES WHETHER COPY OF
THE PETITION SUPPLIED TO THE CAVEATOR
That, no caveat has been filed by the respondents.
5] DETAILS OF REMEDIES EXHAUSTED
The petitioner declares that he has no other alternative or
efficacious remedy available to them but to approach this
Hon’ble Court by way of the instant petition.
6] MATTER NOT PREVIOUSLY FILED OR PENDING WITH
ANY OTHER COURT OF LAW
The petitioner declares that the matter regarding which this
petition has been made is not pending with any other
Court/Tribunal.
7] DELAY IF ANY IN FILING THE PETITION
That, the petitioner declares that there is no delay in filing
the instant writ petition.
8] FACTS OF THE CASE
The facts given rise to this petition are as under:
1] That, the petitioner is a citizen of India and is entitled
for all the fundamental, constitutional and legal rights
guaranteed under the Constitution of India.
2] That, the petitioner was initially appointed on
24.12.1999 as Assistant Grade-III employee in the P.H.E
department and he was posted at Sub Division
Mahasamund, thereafter in compliance of the aforesaid
order petitioner had given joining on 12.01.2000.
ANNEXURE P/2 is the Copy of the order dated
24.12.1999.
3] That, the petitioner vide order dated 18.10.2021 was
promoted from Assistant Grade- III to Assistant Grade-
II and was transferred from Division Korba to Division
Champa and thereafter the petitioner had duly joined at
the said post on 29.10.2021. ANNEXURE P/3 is the
Copy of the order dated 18.10.2021.
4] That, the petitioner has been transferred from his
present place of posting to Division Raigarh within a
period of one from the date of last transfer order
without there being exigency of services. The impugned
order also voilative of the transfer policy. ANNEXURE
P/4 is the Copy of the transfer policy.
5] That, the petitioner has been transferred in terms of
mutual consent and the same has been done in arbitrary
manner and there is no mutual consent given either by
the petitioner or respondent no. 03.
6] That, the petitioner has already made a representation
to the committee constituted by the State Government
for redressal of the grievances. ANNEXURE P/5 are
the Copies of the representation of the petitioner along
with postal receipt. The said representation is still
pending under consideration and no decision has been
taken therefore the petitioner has approached this
Hon’ble Court. On one hand, the mechanism for
redressal of the grievance is being provided in the
transfer policy and on the other hand without permitting
an employee to invoke the said mechanism the
authorities are insisting for relieving of the petitioner.
7] That, the petitioner has also submitted a notarized
affidavit along with the representation in which it is
clearly stated that prior to transfer order, no mutual
consent was ever obtained from the present petitioner,
neither the petitioner has ever approached authorities
for transfer on mutual terms. ANNEXURE P/6 is the
copy of the notarized affidavit dated 04.10.2022.
8] That, the impugned order is illegal, erroneous and
contrary to law, it is therefore liable to be set-aside on
the following grounds;
9] GROUNDS:
1] That, the impugned order is illegal, erroneous and
contrary to law.
2] That, the petitioner has not given any consent for
transfer and had never agreed to any such mutual
transfer and therefore the said order is arbitrary in
nature and has been done with malafide intention.
3] That, the petitioner has been transferred within 1 year
of his previous transfer order, that is, 18.10.2021 which
is in violation of the transfer policy of State
Government, and also without there being any exigency
of services.
4] That, the petitioner has been transferred to Raigarh
District which is approximately 92 Kms away from the
present place of posting.
5] That, the petitioner has been transferred without there
being any exigency of service and the order of transfer
has been passed in a haste manner without any
requirement.
6] That, the petitioner has already given the
representation before the committee as per clause 7 of
the new transfer policy and the same is pending
consideration but the department is forcing the
petitioner to comply with the transfer order which is
nothing but sheer abuse of process of law.
7] That, no letter for consent towards mutual transfer was
ever given by the petitioner.
8] That, the mother of the petitioner who is aged about 70
years lives with the petitioner and is totally dependent
on him for her medical treatment and care.
9] That, the son of the petitioner who also lives with the
petitioner and is pursuing his studies at Champa District
will be appearing in 12th Boards in the coming year and
the sudden transfer of the petitioner would affect his
studies.
10] That, from the transfer order it is abundantly clear that
the petitioner has not been transferred in an
administrative exigency manner but has been
transferred mutually, the same deserves to be set aside
as the petitioner has never given any such consent for
transfer.
11] That, the impugned order being illegal, erroneous and
contrary to law and it is therefore, liable to be set aside.
10] RELIEF SOUGHT
The petitioner most humbly begs to pray before this Hon’ble
Court:
1] That, this Hon’ble Court may kindly be pleased to issue
a writ/writs, direction/directions, order/orders quashing
the order dated 30.09.2022 (Annex.P/1) passed by the
State Government so far as it relates to the petitioner is
concerned, and petitioner may kindly be allowed to
continue at the present place of posting.
2] That, this Hon'ble Court may kindly be pleased to grant
any other relief(s), which is deemed fit and proper in the
aforesaid facts and circumstances of the case.
BILASPUR (NUPUR TRIVEDI)
DATE: __/10/2022 COUNSEL FOR THE PETITIONER
CERTIFICATE
It is certified that due care has been taken in the case to
comply with the provisions of Chhattisgarh High Court Rules
BILASPUR (NUPUR TRIVEDI)
DATE: __/10/2022 COUNSEL FOR THE PETITIONER
IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR
W.P (S) NO. /2022
PETITIONER : Rajesh Rathore
VERSUS
RESPONDENTS : State of Chhattisgarh &
others
INDEX
[Link] Particulars Annex Page
. . s
01] Synopsis
02] Writ Petition along with certificate
03] Copy of the impugned transfer P/1
order dated 30.09.2022
04] Copy of the order dated 24.12.1999 P/2
05] Copy of the order dated 18.10.2021 P/3
06] Copy of the transfer policy P/4
07] Copies of the representation of the P/5
petitioner along with postal receipt
08] Copy of the notarized affidavit P/6
dated 04.10.2022
09] Application for grant of ad-interim
writ along with affidavit
10] Vakalatnama
BILASPUR (NUPUR TRIVEDI)
DATE: __/10/2022 COUNSEL FOR THE PETITIONER
IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR
W.P (S) NO. /2022
PETITIONER : Rajesh Rathore
VERSUS
RESPONDENTS : State of Chhattisgarh &
others
SYNOPSIS
1] That, the petitioner is holding the substantive post of
Assistant Grade- II and is posted in the office of Public Health
Engineering, Division Champa, District Janjgir-Champa
(C.G.), by way of instant writ petition is challenging the
legality, validity and proprietary of the order dated
30.09.2022, whereby the petitioner has been transferred
from the present place of posting to the office of Public
Health Engineering, Division Raigarh, District Raigarh (C.G.).
2] That, the petitioner has been transferred treating on the
ground that the petitioner and respondent no. 03 have
mutually agreed to interchange their location and have given
their consent for the same. The transfer on the ground of
mutual consent is wrong and no consent has been given or
obtained on the part of the petitioner as well as respondent
no. 03 prior to transfer on the ground of mutual consent, as
no such transfer was ever discussed with the petitioner, nor
any consent was obtained for the same therefore the transfer
order suffers from latches and illegality.
3] That, the petitioner has been transferred within 1 year of his
previous transfer, that is, 18.10.2021 which is in violation of
the transfer policy of State Government.
4] That, the petitioner has been transferred without there being
any exigency of service and the order of transfer has been
passed in a haste manner without any requirement.
5] That, the petitioner has already given the representation
before the committee as per clause 7 of the new transfer
policy and the same is pending consideration but the
department is forcing the petitioner to comply with the
transfer order which is nothing but sheer abuse of process of
law.
RELEVANT DATES
[Link] Date Particulars
.
1. 24.12.199 The petitioner was appointed as Assistant
9 Grade-III employee in the P.H.E
department and posted at Sub Division
Mahasamund
2. 12.01.200 The petitioner was posted at Division
0- Mahasamund
06.08.200
3
3. 08.08.200 The petitioner was posted at Bilaspur
3-
30.06.200
8
4. 01.07.200 The petitioner was promoted as Assistant
8- Grade- II and posted at Korba
29.10.202
1
5. 29.10.202 The petitioner was posted at Champa and
1 is presently working there.
6. 30.09.202 The petitioner was transferred to Raigarh
2 vide impugned transfer order.
7. 01.10.202 The petitioner made representation
2 before Respondent No.1
8. 04.10.202 The petitioner made representation
2 before the Committee.
BILASPUR (NUPUR TRIVEDI)
DATE: __/10/2022 COUNSEL FOR THE PETITIONER
IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR
I.A. No. /2022
IN
W.P (S) NO. /2022
PETITIONER : Rajesh Rathore
VERSUS
RESPONDENTS : State of Chhattisgarh &
others
APPLICATION FOR GRANT OF AD-INTERIM WRIT
The petitioner most humbly begs to submit as under:
1] That, the petitioner is holding the substantive post of
Assistant Grade- II and is posted in the office of Public Health
Engineering, Division Champa, District Janjgir-Champa
(C.G.), by way of instant writ petition is challenging the
legality, validity and proprietary of the order dated
30.09.2022, whereby the petitioner has been transferred
from the present place of posting to the office of Public
Health Engineering, Division Raigarh, District Raigarh (C.G.).
2] That, the petitioner has been transferred treating on the
ground that the petitioner and respondent no. 03 have
mutually agreed to interchange their location and have given
their consent for the same. The transfer on the ground of
mutual consent is wrong and no consent has been given or
obtained on the part of the petitioner as well as respondent
no. 03 prior to transfer on the ground of mutual consent, as
no such transfer was ever discussed with the petitioner, nor
any consent was obtained for the same therefore the transfer
order suffers from latches and illegality.
3] That, the petitioner has been transferred within 1 year of his
previous transfer, that is, 18.10.2021 which is in violation of
the transfer policy of State Government.
4] That, the petitioner has been transferred without there being
any exigency of service and the order of transfer has been
passed in a haste manner without any requirement.
5] That, the petitioner has already given the representation
before the committee as per clause 7 of the new transfer
policy and the same is pending consideration but the
department is forcing the petitioner to comply with the
transfer order which is nothing but sheer abuse of process of
law.
6] That, if the impugned transfer order would not be stayed then
it would cause irreparable loss to the petitioner.
PRAYER
It is therefore, most humbly prayed that the Hon'ble Court
may kindly be pleased to allow the instant application and effect &
operation and implementation of the impugned order dated
30.09.2022 (Annex.P/1), may kindly be stayed, in the interest of
justice and petitioner may kindly be allowed to continue at the
present place of posting.
BILASPUR (NUPUR TRIVEDI)
DATE: __/10/2022 COUNSEL FOR THE PETITIONER
IN THE HON’BLE HIGH COURT OF CHHATTISGARH
AT BILASPUR
W.P (S) NO. /2022
PETITIONER : Rajesh Rathore
VERSUS
RESPONDENTS : State of Chhattisgarh &
others
AFFIDAVIT
I, Rajesh Rathore, S/o. Late Shri Shiv Kumar Rathore, aged
about 45 years, R/o New Chandaniyapara, Janjgir, Tehsil Janjgir,
District Janjgir-Champa (C.G.), do hereby state on oath as under:
1] That, I am the petitioner in the instant writ petition and am
well conversant with the facts of the case.
2] That, the instant petition along with the application for grant
of ad-interim writ has been drafted on my instructions and
the contents of the petition and the application are true to my
personal knowledge and belief.
VERIFICATION
I, Rajesh Rathore, above named deponent, do hereby verify
that the contents of the above affidavit from para 1 to 2 are true to
my personal knowledge and belief.
Verified & signed on ___ of October, 2022, at Bilaspur (C.G.).
