NAFR VISHAKHA BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by VISHAKHA BEOHAR WPS No. 893 of 2023

1 - Jitendra Sharma S/o Late Shri R.K. Sharma Aged About 48 Years R/o Mahamaya Road Pandariya, District : Kawardha (Kabirdham), Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - The Deputy Director And Member Secretary Department Coordination Committee Department Of School Education, Directorate, Indravati Bhawan, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh

3 - The Collector District Kabirdham, Chhattisgarh. 4 - The District Education Officer District Kabirdham, Chhattisgarh. 5 - The Block Education Officer Pandariya District Kabirdham, Chhattisgarh.

6 - Government Primary School Tribal Navapara Through The Head Master, Block Pandariya, District : Kawardha (Kabirdham), Chhattisgarh ... Respondents (Cause-title taken from the Case Information System)

-----------------------------------------------------------------------------------------------

For Petitioner:- Mr. Prateek Sharma, Advocate For State :- Mr. Devesh G. Kela, P.L.

-----------------------------------------------------------------------------------------------

SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order On Board

27.11.2025

1. The present petition is directed against the impugned transfer order dated 10.09.2022 (Annexure P/2) issued by Respondent No. 3, whereby the petitioner has been transferred from the post of Assistant Teacher, Government Primary School Tribal Navapara to Government Primary School Bhatruse, which is illegal and arbitrary as it has been passed without any departmental proposal, without consent of the petitioner, during the ban period, without obtaining mandatory permission from the Coordination Committee, in violation of the Transfer Policy, without posting any substitute in her place, and without any administrative exigency, despite the fact that the respondents were fully aware that the petitioner’s son, Prakhar Sharma, is suffering from Muscular Dystrophy and requires constant assistance for his daily routine, and further that the petitioner was appointed as Assistant Teacher (Science) and her transfer would leave the school without any Science teacher and only one Assistant Teacher in total. The petitioner earlier challenged the said order in WPS No. 8315/2022, which was disposed of on 06.12.2022 with a direction to decide her representation dated 17.10.2022 within three weeks and to maintain status quo for four weeks; however, Respondent No. 3 rejected the representation vide order dated 29.12.2022 in a mechanical manner on the ground that an earlier representation had already been rejected by Respondent No. 2 on 02.12.2022, which itself was passed without proper application of mind. Since after the order dated 06.12.2022 the petitioner’s representation was required to be considered afresh but was not so considered, the petitioner withdrew WPS No. 420/2023 on 19.01.2023 with liberty to file a fresh petition, hence this petition.

2. By way of this petition, following reliefs have been prayed:-

“10.1 That, this Hon'ble Court may kindly be pleased to set- aside the impugned transfer order dated 10.09.22 (ANNEXURE P/2), passed by respondent no.3, to the extent it relates to petitioner and kindly be pleased to set aside order dated 29.12.2022 (ANNEXURE P/3) passed by respondent no. 3 and order dated 02.12.2022 (ANNEXURE P/1) passed by respondent no. 2, 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.”

3. Learned counsel for the petitioner submits that the impugned orders dated 02.12.2022, 10.09.2022 and 29.12.2022 (Annexures P/1, P/2 and P/3) are arbitrary, unreasonable, illegal, discriminatory, passed without authority and vit