2025:CGHC:56538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13145 of 2025 • Rupesh Kumar Diwan S/o Late Jeevanlal Diwan Aged About 44 Years Presently Working As Assistant Teacher (L.B.), Govt. Primary School, Dumaridih, Block - Chhura, District - Gariyaband (C.G.)

... Petitioner(s)

versus

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

2. The Director Directorate Of Public Instruction, Atal Nagar, New Raipur, District - Raipur (C.G.)

3. The Divisional Joint Director Education Division, Raipur, District - Raipur (C.G.)

4. The Collector Gariyaband, District - Gariyaband (C.G.)

5. The District Education Officer And Secretary Under District Rationalization Committee Gariyaband, District - Gariyaband (C.G.)

6. The Block Education Officer Chhura, District - Gariyaband (C.G.)

7. State Level Rationalization Committee Through Its Chairman, Government Of Chhattisgarh, Mantralaya Atal Nagar, New Raipur, District - Raipur (C.G.)

... Respondent(s)

For Petitioner(s) : Ms. Pranoti Das, Advocate.

For Respondent(s) /State : Mr. S.P. Kale, Additional Advocate General (Hon’ble Mr. Justice Narendra Kumar Vyas)

Order on Board

20/11/2025

1. This is third round litigation. The petitioner who is working as Assistant Teacher has filed this Writ Petition (S) under Article 226 of the Constitution of India assailing the order dated 11-9-2025 (Annexure P/1) by which the representation filed by the petitioner has been rejected by the Joint Director, Public Instructions, Raipur against the order passed by the District Education Officer and Secretary, District Rationalization Committee by which the petitioner has been transferred from Government Primary School Dumardih, Block Chhura District Gariyaband(CG) to the Primary School Ghotiyabharri , Block Mainpur, District Gariyaband.

2. Learned counsel for the petitioner would submit that no vacant post was shown to the petitioner at the time of passing the order of rationalization posting and the petitioner been transferred from Primary School, Dumardih, Block Churra, District Gariyaband to Primary School Ghotiyabharri, Block Mainpur and the proposed place of posting is more than 100 kms away from the present place of positing which will cause serious inconvenience to the petitioner and his family. She would further submit that the wife of the petitioner namely Smt. Gopeshwari Diwan is posted as Headmaster, Primary School,Karidadar, Block Chura, District Gariyaband. The respondents while rejecting the representation of the petitioner has not considered the fact that there are several schools under Block Churra where the post is lying vacant. She would further submit that the impugned transfer order is in violation of rationalization policy of the State Government. Thus she would pray for quashing of the impugned order dates 11-9-2025 and 1-6-2025.

3. On the other hand, learned State counsel opposing the submission made by learned counsel for the petitioner would submit that the petitioner has been posted/transferred to the present place of posting in administrative exigency. He would further submit that the transfer order has been issued in accordance with the Transfer Policy which does not suffer from any malice or arbitrariness. He would further submit that the petitioner cannot claim any vested right to be posted at the earlier station as transfer is an incident of service and the competent authority is empowered to post the officer wherever administrative exigency exists. He would further submit that the transfer order does not amount to punishment nor has it been passed on extraneous grounds and it is a routine administrative order issued in the normal course. He would further submit that there is no violation of statutory rule, malafide, or incompetence in issuance of the said order, therefore, the impugned orders do not suffer from illegality which warrants interference by this Court and would pray for dismissal of the writ