Transfer order stayed pending committee’s consideration of the employee’s representation under the transfer policy.

The petitioner, an Assistant District Excise Officer posted in Korba, challenged the transfer order dated 16 September 2026 transferring him to Gariyaband. He contended that he had already served for a substantial part of his service in a Scheduled Area, making the transfer inconsistent with the State’s transfer policy dated 3 June 2015.

He also submitted that the Gariyaband post was not vacant because an interim order in WPS No. 7034 of 2026 had stayed the transfer of its incumbent, Lalji Diwan. Relying on a Division Bench decision in W.A. No. 549 of 2016, the petitioner sought leave to approach the transfer-grievance Committee. The State submitted that the Committee would consider a timely representation within 25 days.

Whether the petitioner should be permitted to seek redress before the Committee constituted under the State Transfer Policy regarding his transfer

Whether the operation of the transfer order should remain stayed while the Committee considers the petitioner’s representation

The Court considered the State Government’s transfer-policy circular dated 3 June 2015, including the petitioner’s grievance concerning service in a Scheduled Area, and relied on the Division Bench decision in W.A. No. 549 of 2016 in granting liberty to approach the transfer-grievance Committee.

The Committee was directed to consider the representation in accordance with the applicable State policy and to take account of the interim order in WPS No. 7034 of 2026, which left the Gariyaband post occupied.

In light of the petitioner’s policy-based grievance and the cited Division Bench decision, the Court allowed him to place his case before the designated Committee rather than adjudicating the transfer’s validity on the merits.

It directed the Committee to consider the relevant policy and the practical circumstance that the Gariyaband post was not vacant because of the interim order in the incumbent’s case. To preserve the position pending that consideration, the Court stayed the transfer order insofar as it concerned the petitioner.

The petitioner’s transfer order remains stayed until the representation is decided.