01Facts
The petitioner, an Assistant Grade-2 in the Revenue Department, was transferred from Tahsil Office, Tilda, District Raipur, to the Collector’s Office, District Sarangarh-Bilaigarh, by order dated 30 June 2025.
¶ 1He challenged the transfer as contrary to the 2025 Transfer Policy, contending that his post was in the divisional cadre and that he could be transferred only within that division.
¶ 2He also challenged the rejection of his representation by order dated 24 September 2026 as cryptic and non-speaking.
¶ 2The State submitted that the petitioner could make a fresh representation, which would be decided by a speaking order.
¶ 302Issues
i.Whether the petitioner’s transfer from Raipur to Sarangarh-Bilaigarh, involving movement from one division to another, was contrary to the 2025 Transfer Policy.
¶ 5–7ii.Whether the order rejecting the petitioner’s representation and the transfer order should be set aside insofar as they concerned the petitioner.
¶ 1, 703Law Applied
The Court applied Clause 3.14 of the State’s Transfer Policy dated 5 June 2025, which provides that transfers of district-cadre employees are to be within the district and transfers of divisional-cadre employees are to be within the division.
¶ 5, 7Although the petitioner also relied on Clause 1.2, the Court’s stated basis for its decision was Clause 3.14.
¶ 2, 704Reasoning
The Court accepted that the petitioner’s Assistant Grade-2 post was a divisional-cadre post and noted that his transfer moved him from one division to another.
¶ 5–6Since Clause 3.14 confined transfers of divisional-cadre employees to transfers within the division, the inter-division transfer was inconsistent with the policy. The Court also observed that the transfer could affect the petitioner’s seniority and promotional prospects.
¶ 6On that basis, it found the transfer unsustainable.
¶ 705Holding
The Court allowed the writ petition.
¶ 8The Court quashed both the order dated 24 September 2026 rejecting the petitioner’s representation and the transfer order dated 30 June 2025, insofar as they related to the petitioner.
¶ 7–8Original Court PDF
RAJESH KUMAR VERMAvsSTATE OF CHHATTISGARH
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