Facts
The petitioner, an Assistant Grade-II employee in the Revenue Department, was posted at the office of the Sub-Divisional Officer (Revenue), Rajim, within the Gariaband district of the Raipur Division
Source reference: p. 1-2On 30.06.2025, the Respondent State issued an order transferring the petitioner to the office of the Collector, Mohla-Manpur-Ambagarh Chowki, which falls under the Durg Division
Source reference: p. 2The petitioner challenged this transfer, as well as the rejection of his representation by the Committee of Senior Secretaries on 19.09.2025, on the grounds that as a divisional cadre employee, he could not be transferred outside his division
Source reference: p. 1-2The petitioner contended that such a transfer would adversely affect his seniority and promotional prospects, violating Clause 3.14 of the State’s Transfer Policy dated 05.06.2025
Source reference: p. 2Issues
1. Whether the transfer of a divisional cadre employee from Raipur Division to Durg Division violates the mandatory provisions of the Transfer Policy dated 05.06.2025
Source reference: p. 32. Whether the impugned transfer order is legally sustainable given its impact on the petitioner’s seniority and promotional prospects within his parent divisional cadre
Source reference: p. 4Law Applied
Clause 3.14 of the State Government’s Transfer Policy dated 05.06.2025, which stipulates that district cadre and divisional cadre employees must be posted within their respective districts and divisions to prevent administrative difficulties and seniority disputes
Source reference: p. 2-3The Court also applied the principle that administrative actions must adhere to established policy guidelines, especially when deviations prejudice an employee's service conditions, such as seniority and promotional avenues
Source reference: p. 4Reasoning
The Court noted that the post of Assistant Grade-II in the Revenue Department is a divisional cadre post, a fact conceded by the State counsel upon instruction
Source reference: p. 3The Court observed that Clause 3.14 of the 2025 Transfer Policy was specifically enacted to address the difficulties faced by divisional cadre employees when moved outside their parent divisions
Source reference: p. 3The Court reasoned that since the petitioner belongs to the Raipur divisional cadre, his transfer to the Durg division would inevitably impair his seniority and future promotion prospects
Source reference: p. 4By applying the specific protections of Clause 3.14 to the facts, the Court found that the Respondents failed to justify why the petitioner was moved across divisions in contravention of the policy
Source reference: p. 4Holding
The Court held that the transfer of the petitioner outside the Raipur Division was not sustainable as it violated the express provisions of the Transfer Policy and prejudiced the petitioner’s service interests
The Court quashed the impugned transfer order dated 30.06.2025 (Annexure P-1) specifically as it related to the petitioner
Source reference: p. 4The writ petition was disposed of accordingly
Source reference: p. 4Original Court PDF
SHRI ABHISHEK BAISvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in