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Judgment
By the present petition, the petitioner has prayed for following reliefs:-
“10.1It is prayed that this Hon’ble Court may kindly be pleased to call for the entire records concerning the case of the petitioner from the possession of the respondents for its kind perusal.
10.2That this Hon'ble Court may further be pleased to direct the respondents to transfer the Petitioner from Raigarh to Bilaspur, extending the benefit of Clause 3.12 of the Transfer Policy, 2025 to the petitioner and to consider his posting to Bilaspur, his home district, keeping in view that less than one year of service remains before his superannuation.
10.3That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction commanding the respondents to consider and decide the petitioner's representations dated 27.01.2026, 21.05.2026 and 09.07.2026, in the light of the order dated 20.11.2025 passed by this Hon'ble Court in WPS No.13123 of 2025, the petitioner's medical condition, senior citizen status and Clause 3.12 of the Transfer Policy, 2025, by passing a reasoned order within a time-frame as may be fixed by this Hon'ble Court.
10.4Any other relief/reliefs which this Hon'ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition may also please be granted to the petitioners.”
(A) Learned counsel for the petitioner submits that the petitioner initially appointed as Salesman in the Excise Department on temporary basis vide order dated 19.04.1993 and was subsequently regularised as Excise Constable and posted at Korba. Thereafter, he was transferred from Korba to Bilaspur in 2014 on the same post. Learned counsel submits that vide order dated 24.06.2022, he was transferred from Bilaspur to Raigarh and continuing the same place of posting. On 23.08.2022, the petitioner submitted a detailed representation stating that his wife is undergoing continuous medical treatment due to her fragile health. He submits that on 11/08/2023, the petitioner was promoted to the post of of Excise Head Constable and posted at Raigarh. Learned counsel submits that the petitioner submitted several representations dated 03/07/2024, 22/09/2025, 04/10/2025 for his transfer and posting in his home district i.e. Bilaspur. Learned counsel further submits that the petitioner is going to retire from service in the month of July, 2027 i.e. within a period of one year. Learned counsel further submits that, under Clause 3.12 of the Transfer Policy, 2025, an employee may be transferred to his home district one year prior to retirement.
Learned counsel for the petitioner submits that the petitioner earlier filed WPS No. 13123 of 2025 seeking consideration of his representations for transfer to Bilaspur. The said petition was disposed by this Court on 20.11.2025, directing the respondents to consider and decide the representations in accordance with law. Pursuant thereto, the petitioner submitted representations dated 27.01.2026 and 21.05.2026, citing his age, medical condition, his wife's illness and family circumstances; however, no decision has been taken till date.
On the other hand, learned State counsel submits that the Transfer Policy dated 05.06.2025 is not applicable to the case of the petitioner, as the said Policy specifically excludes the Police, Excise, Transport, Commercial Tax and Education Departments. Therefore, the petitioner cannot claim the benefit of Clause 3.12 of the Transfer Policy. Learned counsel further submits that the grievance raised relates to the place of posting which falls within the administrative domain of the competent authority. The petitioner cannot claim a vested or enforceable right to post at a particular place of his choice.
I have heard learned counsel for the parties, perused the pleadings and documents.
It is an admitted position that the petitioner is working in Raigarh district as Head Constable in the Excise Department. It is also not in dispute that the petitioner is going to retire from service in the month of July, 2027 i.e. within a period of one year, on attaining the age of superannuation. In respect of his place of posting, at his home district i.e. Bilaspur, the petitioner submitted ‘n’ numbers of representations and running from pillar to post for redressal of his grievances, but the same does not fructify. The contention of the State counsel that Clause 3.12 of the Transfer Policy, 2025 is not applicable to the case of the petitioner, is not sustainable because in respect of the employees, who are going to be retired within one year, posted in various departments of the State Government have been extended the benefit of their posting of their own choice or in their home district and hence, the same benefit ought to have been extended in favour of the present petitioner.
Having considered the entire facts situation of the case, and particularly considering the fact that the petitioner is going to retire from service in the month of July, 2027 on attaining the age of superannuation, the concerned competent respondent authority is directed to consider the case of the petitioner and pass necessary posting order of the petitioner at his home district i.e. Bilaspur within a period of fortnight from the date of receipt of a copy of this order.
In the result, the writ petition is allowed to the extent indicated above. SD/-