2025:CGHC:57992 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13437 of 2025 • Pushplata Shukla W/o Radhey Shyam Shukla Aged About 36 Years Working As Assistant Teacher (L.B.) At Govt. Primary School, Nagoi, Block Takhatpur, District Bilaspur ... Petitioner(s)

versus

1. State of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (C.G.)

2. Director Directorate Of Public Instruction, Indravati Bhawan, New Raipur, District Raipur (C.G.)

3. Joint Director Cum Secretary Education Department, District Bilaspur (C.G.)

4. District Education Officer Cum Secretary District Rationalization Committee District Bilaspur (C.G.)

5. Shri Rajesh Kaushik S/o Shri Kaushik Working As Assistant Teacher (Science) At Govt. Primary School, Nagoi, Block Takhatpur, District Bilaspur (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Akash Pandey, Advocate.

For Respondent(s)/State : Mr. Santosh Bharat, Panel Lawyer (Hon’ble Mr. Justice Narendra Kumar Vyas)

Order on Board

28/11/2025

1. The petitioner has filed this Writ Petition under Article 226 of the Constitution of India assailing the order dated 29-7-2025 (Annexure P/1) passed by the Joint Director-cum-Secretary , Education Department, District Bilaspur by which representation of the petitioner against the rejection of the order dated 4-6-2025 by which the petitioner has been posted from Primary School, Nagoi,Block Takhatpur, District Bilaspur to Primary School, Khajuri, Block Thakatpur.

2. Learned counsel for the petitioner would submit that the petitioner is senior teacher of the school where she was posted and ignoring the seniority, the impugned order has been passed whereas other teacher ie., respondent No.5 Rajesh Kaushik who is junior to the petitioner has not been declared surplus and he is not included in the list which is against the rationalization policy. Thus, he would pray for quashing of the order dated 29-7-2025 and the order dated 4-6-2025 passed by the Committee transferring the petitioner from Primary School, Nagoi Block Takhatpur to Primary School, Khajuri, Block Takhatpur..

3. Per contra, learned State counsel opposing the aforesaid submission would submit that probation period of respondent No.5 Mr. Rajesh Kaushik was completed after rationalization proceedings were initiated, therefore, as per policy, it cannot be taken into consideration, as such the impugned order does not suffer from perversity or illegality warranting interference by this Court and would pray for dismissal of the writ petition.

4. I have heard learned counsel for the parties and perused the record.

5. Considering the submissions of the parties and also considering the fact brought on record that the probation period of respondent No.5 Mr. Rajesh Kaushik was completed after rationalization scheme introduced by the State, therefore, as per policy, the teacher who is in probation period cannot be transferred, I am of the view that no such illegality or perversity has been pointed out by the petitioner warranting interference by this Court. Even otherwise, the petitioner has already been posted at the presenting place of posting from 2007 and 18 years have already lapsed and it is well settled position of law that no Government servant can insist to remain posted at a particular place forever.

6. Considering this aspect of the matter, I am of the view that no case for interference is made out. Accordingly, this writ petition being devoid of merit is liable to be dismissed and it is hereby dismissed.

7. Pending interlocutory applications, if any, stand disposed of.

SD/- RAVVA SATYANARAYANA RAJU (Narendra Kumar Vyas)

JUDGE Digitally signed by RAVVA

SATYANARAYANA

RAJU

Date: 2025.12.01

Raju