2024:CGHC:49225 Digitally signed by RAMESH KUMAR VATTI NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8192 of 2024  Santosh Kumar Roy, S/o Late Asartilal Roy, aged about 48 years, R/o Lecturer, Government Higher Secondary School Jhaal, Tahsil Nawagarh, District- Bemetara C.G.)

---- Petitioner Versus

1. State of Chhattisgarh: Through the Secretary, School Education Department, Mantralaya, Atal Nagar, Nava Raipur, District Raipur (C.G.)

2. District Education Officer, District Rajnandgaon (C.G.)

3. The Principal, Government Higher Secondary School Jhaal Block Nawagarh, District Bemetara (C.G.)

---- Respondents For Petitioner : Mr. Prateek Sharma, Advocate For Respondents/State : Mr. Sabyasachi Choubey, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey

Order on Board

13.12.2024

1. By way of this petition, the petitioner has sought the following relief(s):-

“10.1 That, this Hon’ble Court may kindly be pleased to set-aside the impugned transfer order dated 29.11.2024 (ANNEXURE P/1), 02.12.2024 (ANNEXURE P/2) and 02.12.2024 (ANNEXURE P/3) to the extent it relates to the petitioner, in the interest of justice.

10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

2. The petitioner, who is holding the post of Lecturer, has challenged the transfer order dated 29.11.2024, whereby he has been transferred from Government Higher Secondary School Jhaal, Block Nawagarh, District Bemetara to Government Higher Secondary School, Mohad, Block Dongargaon, District Rajnandgaon on administrative ground by respondent No. 1.

3. Mr. Prateek Sharma, learned counsel appearing for the petitioner, would submit that the transfer order dated 29.11.2024 and the relieving order dated 02.11.2024 issued by the Principal of School and District Education Officer, respectively, are bad-in-law. It is further contended that the petitioner has been transferred during the mid- academic session without there being any administrative exigency. He would also contend that the petitioner has been transferred 170 Km far from the present place of posting. It is argued that the petitioner has been transferred with malafide intention. Mr. Sharma would further argue that the son of the petitioner, namely, Yujank is studying in Class 8^th at Nawagarh and the transfer would affect his studies. It is also contended that the mother of the petitioner Duwarika Bai is suffering from thyroid and other old age related diseases and requires proper care and treatment and these aspects have not been considered by the respondent authorities. He would also argue that the petitioner was on leave from 29.11.2024 to 03.12.2024 and the Principal and District Education Officer showing haste relieved the petitioner, when the petitioner was on leave. He would pray to quash the transfer order.

4. On the other hand, Mr. Sabyasachi Choubey, learned Panel Lawyer for the State, would oppose. Mr. Choubey would submit that the transfer is an exigency of service. He would further submit that the petitioner has been transferred on account of administrative exigency. He would also submit that administrative exigency can be ascertained by the employer and the employee has no right to raise a plea that there was no administrative exigency. He would further contend that the transfer order cannot be quashed or stayed on account of personal difficulties. He would also contend that the petitioner has not raised any legal ground challenging the transfer order.

5. I have heard learned counsel for the parties and perused the documents available on the record.

6. The petitioner who is a Lecturer has been transferred from Government Higher Secondary School Jhaal, Block Navagarh, District Bemetara to Government Higher Secondary School, Mohad, Block Dongargaon, District Rajnandgaon on administrative ground on 29.11.2024. The petitioner has already been relieved by the Principal of the School and District Education Offic