The authority to transfer employees lies with the District Collector, as per administrative exigency, unless proven otherwise illegitimate.

Hon'ble Shri Justice R avindra Kumar Agrawal

C.A.V. Order

1. The petitioner has filed the present petition against the order dated 28-06-2025 (Annexure P-1), whereby the petitioner, who is an Assistant Grade-II, posted at the office of the District Education Officer, Bilaspur, has been transferred to the Government Higher Secondary School, Manikchouri, Block, Masturi, District Bilaspur, on administrative exigency.

2. The subject matter in brief is that the petitioner was initially appointed in the year 1994 to the post of Assistant Grade-III, on compassionate grounds. He was promoted to the post of Assistant Grade-II in the year 2008 and was posted at the Legal Cell of the District Education Officer, Bilaspur. His posting was there against the post of Account Examiner. On an application being made by the petitioner, the Commissioner, Directorate of Public Instructions (in short “DPI”), issued an order of his posting as Assistant Grade-II, against the sanctioned post of Assistant Grade-II at Legal Cell of the office of the District Education Officer, Bilaspur. In the year 2009, a set-up of the Legal Cell of the office of the District Education Officer, Bilaspur, was issued, and the petitioner was considered as Assistant Grade-II there. On 26-07-2024, the DPI issued a work distribution order of the State Legal Cell, Bilaspur, and the petitioner was assigned the duties as per the order of the DPI. Now, the District Collector/Respondent No. 3 issued the transfer order on 28-06-2025, by which the petitioner has been transferred from the office of the District Education Officer, Bilaspur, to Govt. Higher Secondary School, Manikchouri, Block Masturi, District Bilaspur, which is under challenge in the present writ petition.

3. Learned counsel for the petitioner would submit that the petitioner is not the employee posted at the office of the District Education Officer, Bilaspur. The petitioner is an employee of the District Legal Cell, and by the order dated 24-07-2024, he is posted at the State Legal Cell, office of the School Education Department, Bilaspur, and posted against the vacant sanctioned post as per the set-up of the State Legal Cell. He is not posted as the regular employee of the office of District Education Officer, Bilaspur, and therefore, the District Collector/ Respondent No. 3 does not have the authority to transfer him. The petitioner is posted there by the order of DPI and he has been assigned work by the DPI. Therefore, the impugned transfer order is without jurisdiction. He would further submit that in the year 2008-09, a post of Assistant Grade-II was sanctioned in the Legal Cell, and on his request, he has been posted there against the sanctioned post of Assistant Grade-II, by the DPI, vide order dated 13-08-2008. It is also submitted by him that on 27-02-2009, a work distribution order was also issued by the DPI, in which the petitioner was posted at the State Legal Cell of the School Education Department, for the speedy and effective disposal of Court cases, and thereafter, the petitioner is discharging duties there. The set-up for the Legal Cell, Bilaspur, was issued by the State Government, and the petitioner was posted there. On 26-07-2024, the DPI issued a work distribution order for the employees who are working at the State Legal Cell, Chhatouna, District Bilaspur, in which the petitioner’s duty was also assigned. Therefore, transferring the petitioner and treating him as the employee of the office of the District Education Officer, Bilaspur, is erroneous. The petitioner is working under the State Legal Cell since 2008, yet he has been considered to be an employee of the office of District E