Amit Kumar Mishra vs State Of Chhattisgarh & Ors.

By the present writ petition, the petitioner seeks quashment of the impugned transfer order dated 01.10.2026 (Annexure P/1), insofar as it relates to the petitioner, whereby he has been transferred from Janpad Panchayat, Sitapur, District Surguja to Janpad Panchayat, Bharatpur, District M.C.B.

Learned counsel appearing for the petitioner submits that the petitioner is presently working as Sub-Engineer and holding the charge of Sub-Divisional Officer, Rural Engineering Services, Sub-Division Sitapur, District Surguja, and is aggrieved by the impugned transfer order dated 01.10.2026, whereby he has been transferred to Janpad Panchayat, Bharatpur, District Manendragarh-Chirmiri-Bharatpur. He submits that both kidneys of the petitioner were damaged, and his wife donated one of her kidneys to him, following which a transplant surgery was performed. He further submits that both the petitioner and his wife require regular medical treatment and check-ups, and the transferred place lacks adequate medical facilities. He would contend that, in the event of transfer, the petitioner and his family would suffer irreparable hardship. He would lastly submit that though the petitioner has already submitted a representation raising his aforesaid difficulties, however he submits that the petitioner may be permitted to submit a fresh representation before the competent Committee constituted under Clause 8 of the transfer policy of the State, and the petition may be disposed of with a direction to the said Committee to consider and decide the representation, in accordance with law and the transfer policy of the State, within a stipulated period.

Learned State counsel fairly submits that if the petitioner submits a fresh representation before the Committee constituted under Clause 8 of the State Transfer Policy, the same shall be considered and decided in accordance with law.

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

Considering the nature of grievance raised by the petitioner regarding his severe medical condition and the submission made by learned State counsel, the petitioner is granted liberty to submit a fresh representation before the competent Transfer Committee constituted under Clause 8 of the State Transfer Policy within a period of 10 days from today. If such representation is submitted within the aforesaid period, the said Transfer Committee shall consider and decide the same by passing a reasoned and speaking order, strictly in accordance with law and the applicable Transfer Policy, particularly keeping in view the severe medical condition of the petitioner, preferably within a period of 30 days from the date of submission of the representation.

Till the decision on the representation, to be submitted by the petitioner, the effect and operation of the impugned transfer order dated 01.10.2026 (Annexure P/1), insofar as it relates to the petitioner, shall remain stayed.

With the aforesaid direction and liberty, the present writ petition stands disposed of.