Savan Kumar Prasad 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, Bhanupratappur, District Kanker to Janpad Panchayat, Konta, District Sukma.

Learned counsel appearing for the petitioner submits that the petitioner, who is presently posted as Sub-Engineer at Janpad Panchayat, Bhanupratappur, District Kanker, has been transferred vide impugned order dated 01.10.2026 (Annexure P/1) to Janpad Panchayat, Konta, District Sukma. She submits that the petitioner has already served for about eleven years in a Scheduled Area and has not completed three years of tenure at Bhanupratappur. She further submits that the petitioner's ten-month-old daughter has been diagnosed with Ventricular Septal Defect (VSD) and has undergone treatment at KIMS Hospital, Telangana, requiring specialized medical care and regular follow-up. By referring to the Transfer Policies dated 03.06.2015 and 05.06.2025, learned counsel submits that the impugned transfer has been made without due consideration of the petitioner's family circumstances and the applicable policy. She would submit that though the petitioner has already submitted a representation raising his aforesaid difficulties, however she 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 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 daughter’s 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. If such representation is submitted within the aforesaid period, the 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’s daughter, 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.