2025:CGHC:55636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12915 of 2025 Smt. Minakshi Dubey W/o Late Amarjeet Singh Aged About 53 Years Assistant Teacher, Government Primary School Kuwan (Takhatpur), Distt.

Bilaspur, Chhattisgarh.

... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Distt.

Raipur, Chhattisgarh.

2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh.

3 - Joint Director Education Division, Bilaspur, Distt. Bilaspur, Chhattisgarh.

4 - Collector Cum President District Level Rationalization Committee, Bilaspur, Distt. Bilaspur, Chhattisgarh.

5 - District Education Officer And Secretary District Level Rationalization Committee, Bilaspur, Distt. Bilaspur, Chhattisgarh.

... Respondents For Petitioner : Mr. Ajay Kumar Chandra, Advocate For State : Mr. Kanwaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

14.11.2025

1. The petitioner who is working as Assistant Teacher has filed this petition assailing the order dated 04.06.2025 passed by respondent Digitally signed by ANGARE Date:

2025.11.17 +0530 No. 5 by which she has been transferred from Primary Boys School, Pendari (Takhatpur), District Bilaspur to Primary School, Kuvan (Takhatpur), District Bilaspur (C.G.) in view of rationalization policy issued by the State Government.

2. Learned counsel for the petitioner would submit that petitioner is suffering from medical ailment and her treatment is going on. He would further submit that distance between transferred place of posting is 15 kms away from the present place of posting, as such, it is difficult for the petitioner to travel for discharging her duty and would pray for allowing the petition.

3. On the other hand, learned State counsel opposes the submission made by learned counsel for the petitioner and would submit that the petitioner is posted for such a long time in the present place of posting and has been transferred from Pendari to Kuvan which is not far very far. He would further submit that the petitioner cannot enter into jurisdiction of the employer and would pray for dismissal of the writ petition.

4. I have heard learned counsel for the parties and perused the documents placed on record with utmost satisfaction.

5. It is not in dispute that the petitioner is posted for such a long time in the present place of posting and she has been transferred from Pendari to Kuvan which is not far from the present place of posting and she has been transferred according to the convenience and administrative exigency.

6. It is well settled legal position that no employee can insist to remain posted in particular place of posting of his entire service period. Hon'ble the Supreme Court in SK Nausad Rahaman & others Vs.

Union of India & others [(2022) 12 SCC 1], has held at paragraph 24 as under:-

“24. First and foremost, transfer in an All India Service is an incident of service. Whether, and if so where, an employee should be posted are matters which are governed by the exigencies of service. An employee has no fundamental right or, for that matter, a vested right to claim a transfer or posting of their choice.”

7. Considering the facts and circumstances of the case as well as the law laid down by Hon'ble the Supreme Court in SK Nausad Rahaman (Supra), this petition sens no merits and is liable to be dismissed.

8. Accordingly, the instant petition is dismissed.

Sd/-

(Narendra Kumar Vyas)

Judge

Bhumika