1 2025:CGHC:1630 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 165 of 2025 1 - Narendra Pratap Rathore S/o Shivratan Lal Rathore Aged About 39 Years R/o House No. 68 Thakurpara -1 Raliya Mudhali District - Korba (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of School Education Mahanadi Bhawan Mantralaya Nawa Raipur Atal Nagar District - Raipur (C.G.) 2 - Director Directorate Of School Education Indrawati Bhawan Nawa Raipur Atal Nagar District - Raipur (C.G.) 3 - Collector Korba District - Korba (C.G.) 4 - District Education Officer Korba District - Korba (C.G.) 5 - Block Education Officer Block Podi Uproda Korba District - Korba (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Vikas Kumar Pandey, Advocate For State :- Mr. Kanwaljeet Singh Saini, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 10.01.2025 1. The petitioner has filed the petition seeking following reliefs:- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 “10.1 That, this Hon'ble Court may kindly be pleased to direct quash the order dated 28/11/2024, passed by the respondent no.4 and further to decide the representation of the petitioner dated 26/12/2024. 10.2 That, this Hon'ble Court may kindly be pleased to direct quash the order dated 27/10/2024 so far as it relates to posting of the petitioner, bearing No.5315/Est./T-Cadre/Pro./2024-25, Passed by the respondent no.4. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to transfer the services of the petitioner to Government Primary School, Dhanuharpara, Kerakachar, Sankul Mangamar, Block Pali, District Korba (C.G.). 10.4 Any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 10.5 Cost of the petition.” 2. Facts of the case in brief are that the petitioner was initially appointed on the post of Assistant Teacher on 08/09/2008 and was posted at Government Primary School, Badmar, District Korba (C.G.) and vide order dated 16/06/2010, he was transferred to Government Primary School, Baigapali, Kanki, Block Kartala, District Korba (C.G.). Thereafter, by way of order impugned dated 27/10/2024, the petitioner was promoted to the post of Headmaster and posted at Government Primary School, Dwaripara, Block Podi Uproda, District Korba (C.G.). The posted school is 100 kilometers away from the current place of posting of 3 the petitioner and wife of the petitioner is also posted at Block Kartala and his children are also studying there, therefore, the petitioner submitted a representation on 28/10/2024 before the respondents to post him in any nearby School, which are in Block Kartala as joining the services at the current posting place would highly affect and disturb the family life of the petitioner and it would be difficult for the petitioner to manage the affairs of the family. Till date the representation of the petitioner has not been decided and as per the order of promotion, if the petitioner fails to join the posted place before 10/11/2024, the order of promotion will be automatically cancelled. 3. Learned counsel for the petitioner submits that by the impugned order dated 27.10.2024, the petitioner has been promoted to the post of Headmaster and was transferred from Government Primary School, Baigapali, Kanki, Block Kartala, District Korba to Government Primary School, Dwaripara, Sirmina, Block Podi Uproda, District Korba. The petitioner denied for posting there and opted for posting in some other school in Block Kartala only and he made an application, that he may be posted to some nearby place to his current place of posting as his wife is also working in some nearby place in Block Kartala. Thereafter, the impugned order dated 28.11.2024 was passed stating that the representation of the petitioner cannot be allowed as no post is lying vacant there. He submits that the petitioner has come with an information that presently at Government Primary School, 4 Dhanuharpara, Kerakachar, Sankul Mangamar, Block Pali, District Korba (C.G.), one post is available in which the petitioner can be posted for which he has moved an application on 26.12.2024. 4. When State counsel was enquired into the same, it has been submitted that the said post is lying vacant. 5. Looking to the aforesaid submissions, the petitioner is directed to file a fresh representation detailing all the facts to the concerned respondent authority and the concerned respondent authority is directed to consider & decide the same within a period of 90 days as by the impugned order dated 28.11.2024 as representation has not been considered only on the ground that no vacant posts are available. 6. With this observation/direction, the writ petition stands disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha