JUDGMENT

Parth Prateem Sahu, J. - Subject matter of this writ appeal is as to the order dated 02.12.2019 passed in Writ Petition (S) No.9948 of 2019 whereby the learned Single Judge has declined to interdict with the order of transfer dated 22.08.2019.

2. Facts of the case in nutshell, are that, the Appellant whose substantial post is Lecturer (English) was posted as Block Education Officer at Nawagarh, District Janjgir-Champa, Chhattisgarh. He was transferred to Government Girls Higher Secondary School, Jaijaipur, Block Jaijaipur on administrative ground along with other Principals, Lecturers and Teachers vide order dated 22.08.2019 (Annexure P/2), which was challenged by the Appellant by filing Writ Petition (S) No.7040 of 2019. The learned Judge while hearing the writ petition, taken note of the submission made by learned counsel therein that the Petitioner was posted at the present place of posting on 14.12.2018 at Nawagarh, District Janjgir-Champa and within a short span of time, he was again transferred, directed the Appellant to file a representation within a period of 10 days before the Respondents and the Respondents were directed to consider the representation within a further period of 45 days from the date of receipt of the representation and till then, interim order of stay was ordered in favour of the Appellant.

3. The representation submitted by the Appellant in pursuance to the order dated 04.09.2019 passed in Writ Petition (S) No.7040 of 2019 was dismissed vide order dated 20.11.2019 (Annexure P/1), which made the Appellant to file another writ petition bearing Writ Petition (S) No.9948 of 2019, which came to be dismissed by the learned Single Judge vide order dated 02.12.2019.

4. Shri Anish Tiwari, learned counsel for the Appellant submits that the Appellant was posted in the office of Block Education Officer, Nawagarh, District Janjgir-Champa as incharge Block Education Officer only on 14.12.2018 and within a period of eight months, the Appellant has again been transferred to Government Girls Higher Secondary School, Jaijaipur, Block Jaijaipur. It is contended on behalf of the Appellant that he has been subjected to frequent transfer and reliever is of a T-Cadre (Tribal) employee whereas the Block Education Office of Nawagarh is not a T-Cadre. It is also pointed that rejection of the representation vide order dated 20.11.2019 (Annexure P/1) is a non-speaking order and no reasons have been assigned by the authorities while rejecting the representation. It is further contended that transferred place of posting i.e. Jaijaipur is about 50-60 kms away from Nawagarh, the Appellant and his family members will be adversely affected.

5. Learned counsel for the Appellant placed reliance in the judgments passed by Hon'ble Supreme Court in B. Varadha Rao v. State of Karnataka and Others, 1986 4 SCC 131 , T.S.R. Subramanian and Others v. Union of India and Others, 2013 15 SCC 732 and the judgment passed by High Court of Madhya Pradesh in Sanjay Upadhyay v. State of M.P. and Ors. in Writ Petition No.21175 of 2019 vide order dated 03.12.2019 to support his contention.

6. Per contra, Shri Chandresh Shrivastava, learned Deputy Advocate General representing the State submits that the order dated 19.06.2017 (Annexure P/4), which is being projected by the Appellant is his transfer order from Government Middle School, Nardha, Baloda Bazar to Minimata Girls Higher Secondary School, Kasdol (Nagar Panchayat), Block Kasdol, District Baloda Bazar-Bhatapara, in fact, is not a transfer order, but it is an order of promotion of Appellant along with others. It is contended by the learned counsel for the State that as per the order of promotion dated 19.06.2017 (Annexure P/4), it is apparent that posting after promotion on the Schools mentioned in the order of promotion is temporary. It is further contended that substantial post of Appellant is Lecturer, whereas the Block Education Officer is a higher post and post of Principal is a feeder