1 2025:CGHC:37681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2682 of 2023 Khemlata Joshi W/o Pramod Kurre Aged About 47 Years Posted As Teacher In Government Middle School Tamora, Block- Gunderdehi, District Balod, Chhattisgarh, R/o Maroda Sector, Bhilai, District Durg, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 2 - District Education Officer Balod District- Balod, Chhattisgarh, District : Balod, Chhattisgarh 3 - Block Education Officer Gunderdehi District Balod, Chhattisgarh, District : Balod, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. K.N. Nande, Advocate For State/Respondents : Mr. Abhishek Singh, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 31.07.2025 1. The petitioner has filed this petition with the following relief(s):- “10.1. That this Hon'ble court may kindly be pleased to call for entire records of case. 10.2 That this Hon'ble court may kindly be pleased to direct to set aside the order/recommendation dated 24/02/2023 and YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.08.02 16:51:42 +0530 2 (Annexure P/1) and recalling of the order dated 17/03/2023 (Annexure P/S). 10.3 That, this Hon'ble court may be consider the letter dated 05/12/2023 passed by the DEO. Balod in which much clear that in this subject of English only one teacher is posted at Middle School Tamora. 10.4 Any other relief(s) may also be granted to the petitioner. which Hon'ble court may deem fit and proper in this case.” 2. Learned counsel for petitioner submits that vide transfer order dated 30/09/2022, the petitioner, who is presently working on the post of English Teacher in the Govt. Middle School Tamora Block, Gunderdehi, Distt. - Balod has been transferred to Middle School Bholapur, Distt. - Rajnandgaon on administrative exigency. He submits that challenging the transfer order, the petitioner filed WPS No.6975/2022 in which, this Court was pleased to dispose of the petition directing the petitioner to make representation to the transfer committee. On representation being made, the transfer committee rejected the representation without considering the grounds raised and alternatively, the petitioner could not substantiate that after transfer of the petitioner, post of Teacher English would fall vacant. He further submits that vide Annexure P/6, the District Education Officer, Balod has given an information in which it has been stated that only one post of English Teacher is available and no other person has been transferred in place of the petitioner which is clearly in violation of clause 3.2 of transfer 3 policy. The entire action of the respondents is discriminatory and deserves to be quashed. 3. On the other hand, learned State counsel opposes the submissions advanced by learned counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 5. It has been reflected from the record that during the pendency of the writ petition, the Co-ordinate Bench of this Court vide order dated 12.05.2023, has been granted an order of stay in favour of the petitioner to the effect that purely as an interim measure, it is directed that status quo as it exists today shall be maintained 6. Having heard learned counsel for the parties and upon perusal of the record, it is evident that the petitioner has assailed the transfer order primarily on the ground of arbitrariness and malafide intention, asserting that the same was not issued on any genuine administrative ground. It is also not in dispute that the Co-ordinate Bench of this Court had already granted interim protection to the petitioner vide order dated 12.05.2023. 7. It is well-settled that although transfer is an incident of service and falls within the administrative domain of the employer, such discretion must be exercised fairly and in accordance with established policies. Arbitrary or frequent transfers, particularly 4 without valid justification, disrupt the service conditions and cannot be sustained in law. 8. In the facts and circumstances of the present case, and in view of the passage of time, this Court is of the considered view that the impugned transfer order has lost its practical significance. Accordingly, the impugned transfer order 30.09.2022 is held to be arbitrary and unsustainable and is hereby quashed. However, liberty is reserved to the State to issue fresh and appropriate orders regarding the posting of the petitioner, strictly in accordance with law, rules, and the applicable transfer policy, if administrative necessity so requires. 9. With the aforesaid observations and directions, the writ petition stands disposed of. No order as to costs. Sd/-/- (Amitendra Kishore Prasad) Judge Yogesh