1 2025:CGHC:43298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1651 of 2023 Rajni Toppo W/o Mariyanus Topo Aged About 52 Years Presently Posted And Working As Principal, Government Higher Secondary School Manjira, Block And District Surajpur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh 2 - Under Secretary Department Of School Education, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - Joint Director (Education) Office Of The Divisional Joint Director Surguja, Division Ambikapur, Surguja, Chhattisgarh 4 - District Education Officer Surajpur, Chhattisgarh 5 - Block Education Officer Manjira, District Surajpur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : None For Respondents/State : Mr. Ankur Kashyap, Dy. G.A. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 26.08.2025 1 The petitioner has filed this writ petition with the following relief(s):- YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.08.26 18:27:36 +0530 2 “i. That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 15/2/2023 (Annexure-P/1) bearing No.F 1- 52/2002/20-IV; order dated 22/02/2023 (ANNEXURE-P/2) bearing No.1626/ Nyayalayeen Prakaran/Estb. 02/2023 and order dated 30/09/2022 (ANNEXURE P/3) bearing No. F 1-52/2022/20-IV, in respect of the petitioner, and permit the petitioner to render her services at the present place of posting, without any interruption i.e. as Principal, Government Higher Secondary School Manjira, Block & District Surajpur. ii. Cost of the petition may also be granted to the petitioner. iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2 Perusal of the record would show that the original transfer order dated 30.09.2022, transferring the petitioner from Government Higher Secondary School, Manjira, Block and District Surajpur to Government Higher Secondary School, Bardih, Block Lundra, District Sarguja, was challenged by the petitioner primarily on the ground that it was issued on an erroneous consideration that the petitioner had sought transfer on her own request. This Court, while disposing of the earlier writ petition, had permitted the petitioner to submit a representation against the said transfer and had also directed that status quo with respect to her place of 3 posting be maintained. It is further borne out from the record that the petitioner did submit a representation and continued at her earlier place of posting. Subsequently, respondent No.1 issued an amended order on 15.02.2023, altering the basis of transfer from “on own request” to “administrative ground.” As per the Transfer Policy of 2022, any amendment or modification in the transfer order requires prior approval of the Coordination Committee. However, in the present case, no such procedure appears to have been followed. It is also reflected from the documents on record that the petitioner was relieved only on 22.02.2023 pursuant to the amended order (Annexure P/1). Prima facie, therefore, the amendment made in the transfer order without following the due procedure prescribed under the Transfer Policy, 2022, does not appear to be sustainable. 3 Considering the aforesaid aspect of the matter, the Co-ordinate Bench of this Court, by way of interim order dated 01.03.2023, directed that the effect and operation of the order of transfer dated 30.09.2022, whereby the petitioner was transferred from Government Higher Secondary School, Manjira, District Surajpur to Government Higher Secondary School, Bardih, Block Lundra, District Sarguja, shall remain stayed till the next date of hearing. 4 Taking into account the overall facts and circumstances of the case, it is evident that in view of subsequent events, the relief claimed in the present writ petition does not survive for 4 consideration. Accordingly, the writ petition stands dismissed as having been rendered infructuous. 5 However, it is observed that the respondents/State shall remain at liberty to pass appropriate orders with regard to the transfer and posting of the petitioner, if the administrative exigency so requires, in accordance with law and the applicable rules. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Yogesh