2025:CGHC:56044 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12321 of 2025 Reserved on : 29.10 .2025 Delivered on : 18.11.2025 Vikas Tiwari S/o Late Shri H.P. Tiwari Aged About 59 Years Occupation Presently Working As Assistant Grade Ii, Office Of District Education Officer Bilaspur, District- Bilaspur (C.G.)

... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District-

Raipur (C.G.)

2 - The Committee Of Senior Secretaries Through Additional Chief Secretary Home And Jail Department Also Chairman, Committee Of Senior Secretaries Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.)

3 - The Collector Bilaspur District- Bilaspur (C.G.)

4 - The District Education Officer Bilaspur, District- Bilaspur (C.G.)

... Respondents For Petitioner : Mr. Awadh Tripathi, Advocate.

For State : Mr. Sabyasachi Choubey, Panel Lawyer.

Hon'ble Shri Narendra Kumar Vyas, J.

CAV ORDER

1. The petitioner who is working as Assistant Grade-II has filed this writ petition under Article 226 of the Constitution of India assailing order dated 28.06.2025 (Annexure P/1) passed by respondent No. 3/Collector, Bilaspur by which he has been transferred from Office of District Education Officer, Bilaspur to Government Higher Secondary School Loharsi (Son), Block- Masturi, District- Bilaspur on Digitally signed by ARUN ARUN KUMAR KUMAR DEWANGAN DEWANGAN Date:

2025.11.18 +0530 administrative ground. He has also challenged order dated 19.09.2025 (Annexure P/2) passed by the Committee constituted by the State Government to consider the representation of a government servant against the transfer, by which the representation preferred by the petitioner regarding his transfer, has been rejected.

1. Learned counsel for the petitioner would submit that the petitioner is subjected to frequent transfer, as such the impugned transfer order dated 28.06.2025 and memo dated 25.09.2025 by which petitioner’s representation has been rejected, are liable to be quashed by this Court. To demonstrate this fact, the petitioner has given the details of place of posting in which he has mentioned his place of posting from 1987 till today. It has also been contended that from 1987 to 1991, he was posted at Govt. Higher Secondary School, Janjgir, from 1992 to 1999, at office of Joint Director, Bilaspur Division, from 2000-2001 at Government Higher Secondary School, Kotmikala Marwahi, from July 2001 to 2005 at Block Education Officer, Mungeli, in 2006 at office of District Education Officer, from 2009 to 2010 at office of Government Higher Secondary School Manikchouri Bilaspur, from 2010-2019 at Office of District Education Officer District Bilaspur, in 2019 Government Higher Secondary School Pachpedi District Bilaspur, from November 2022-June 2023 at office of Joint Director Bilaspur District- Bilaspur, from 14.07.2023 at Government Higher Secondary School Loharsi Bilaspur.

2. He would further submit that the petitioner was suspended on

19.07.2023 when he was posted at Government Higher Secondary School Loharsi Bilaspur and his headquarter was changed posting him at office of Joint Director, Raipur, thereafter, suspension was revoked on 10.03.2025 and the enquiry was continued. After revocation, he was temporarily posted at the office of District Education Officer, Bilaspur thereafter vide impugned order, he has been transferred from Office of the District Education Officer, Bilaspur to Government Higher Secondary School Loharsi (Son), Block- Masturi, Bilaspur on administrative ground. He would further submit that the State Government has framed the Transfer Policy on 05.06.2025 and according to the provisions of the said Transfer Policy normally transfer should not be made within 2 years of the earlier posting unless serious complaint has been made and on the basis of complaint any preliminary enquiry has been conducted wherein prima facie some materials are found for cond