Facts
The petitioner, a Sub Engineer posted at the Project Implementation Unit, Raipur, challenged the order dated 1 October 2026 transferring him to the Project Implementation Unit, Narayanpur.
Source reference: para. 1He relied on a history of heart surgery in 2016 and asserted that he required regular medical supervision in Raipur, while Narayanpur lacked adequate advanced medical facilities.
Source reference: paras. 2, 5He had submitted a representation on 5 October 2026 under the transfer policy, which remained pending.
Source reference: paras. 2, 6The State opposed interference, submitting that the medical records disclosed no fresh complication and that the representation was pending consideration.
Source reference: para. 3Issues
Whether the petitioner’s medical circumstances warranted quashing or otherwise interfering with the transfer order.
Source reference: paras. 2, 5–6Whether the pending representation should be decided by the transfer redressal committee, and whether interim protection was appropriate pending that decision.
Source reference: paras. 6–8Law Applied
The Court considered clause 1.10 of the transfer policy dated 5 June 2025, under which an employee requiring continuous treatment or routine follow-up may, on the recommendation of a medical board, be transferred to the employee’s desired place.
Source reference: para. 6It also considered clause 8 of that policy, under which the petitioner had made his representation.
Source reference: paras. 2, 6The judgment cited no statute or judicial precedent.
Source reference: no citationReasoning
The Court noted the petitioner’s medical claim and supporting treatment documents, as well as the State’s submission that the records showed no fresh complication.
Source reference: paras. 3, 5Because the petitioner’s representation under the transfer policy was already pending, the Court did not determine whether the transfer should ultimately be quashed; instead, it considered it appropriate for the competent transfer redressal committee to decide the representation within a fixed period.
Source reference: para. 6Given the medical grounds raised, it also granted interim protection while that decision was pending.
Source reference: para. 8Holding
The Court disposed of the writ petition without quashing the transfer order and directed the transfer redressal committee to decide the petitioner’s representation within 15 days.
It further directed that no coercive steps be taken against the petitioner pursuant to the transfer order dated 1 October 2026 until the representation was decided.
Source reference: para. 8Original Court PDF
KANHAIYA LAL SAHUvsSTATE OF CHHATTISGARH
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