CG High Court Decision: The Chhattisgarh High Court has delivered a significant ruling regarding the transfer and relieving of government employees. The Court stated that if an employee has been transferred, the department cannot withhold their relieving order on the pretext of not finding a replacement for a posting in a tribal area. The Court has directed the state government to relieve the petitioner of his duties within 20 days.
Chandrashekhar Mandavi, posted in the Bastar-Narayanpur district, filed a petition in the High Court stating that he currently works as a radiographer at the Community Health Centre in Orchha (Narayanpur). He was transferred to the Community Health Centre in Amabeda (Kanker) on June 26, 2025. Even a year after the order was issued, the department has not relieved him, preventing him from joining his new post.
After the hearing, the single bench of Justice BD Guru observed that, according to the relevant circular, a stay on relieving applies only when an employee is being transferred from a Scheduled Area to a non-Scheduled Area. The petitioner was transferred from Orchha (Narayanpur) to Amabeda (Kanker), and both locations fall under the Scheduled Areas of Chhattisgarh. Therefore, the department cannot withhold the employee by misinterpreting this rule.
Government’s Argument: Unable to Find a Replacement
During the hearing, the counsel representing the state government cited a circular dated January 7, 2026, stating that the petitioner had not been relieved because no other employee had yet arrived to take his place. According to the government, the policy dictates that posts in Scheduled Areas cannot be left vacant.
