1 2025:CGHC:20841-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 297 of 2025 Smt. Sharda Sahu D/o Shri K.R. Sahu Aged About 37 Years Working As Lecturer, English Govt. Higher Secondary School, Anjora (KH), Block Durg, Block Durg, District Durg Chhattisgarh. ... Appellant versus 1. State of Chhattisgarh Through The Secretary, School Education Department Ministry, Mahanadi Bhawan, P.S. Rakhi, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2. The Director Public Instruction Department Indrawati Bhawan, Post Office Mantralaya, P.S. Rakhi, Nawa Raipur Atal Nagar, District Raipur Chhattisgarh. 3. District Education Officer Durg, Opposite District Panchayat Durg Chhattisgarh. ... Respondents For Appellant : Mr. Barun Kumar Chakrabarty, Advocate. For Respondents : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.05.07 17:25:07 +0530 2 Judgment on Board Per Ramesh Sinha , Chief Justice 07.05.2025 1. Heard Mr. Barun Kumar Chakrabarty, learned counsel for the appellant. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the respondents/State. 2. The present writ appeal is directed against an order dated 20.12.2024 passed by learned Single Judge in WPS No. 8388/2024, whereby learned Single Judge has dismissed the writ petition filed by the writ petitioner / appellant herein. 3. Facts of the case in brief are that the appellant was appointed to the post of Shikshha Karmi Grade I vide order dated 29-09-2010 under the District Panchayat. Durg. Services of the appellant were merged into the School Education Department as Lecturer (English) (LB) with effect from 01-07-2019. The appellant was transferred from Government Higher Secondary School, Bemetara (Block Saja) to Government Higher Secondary School Anjora (Kh), Durg on her own request, where she has joined on 14-10-2022. The appellant is a single parent of her 7 year old child, who is studying in Class I in DAV Public School, Hudco Bhilai, where she has deposited fees on 13-11-2024. As there is no English Lecturer, so it will spoil the career of number of students in the school as without Lecturer. So such transfer order has been held as malafide. On 10-12-2024, the appellant was abruptly transferred to Government Higher Secondary School, 3 Charbhata, Gochhiya (Block Sahaspur Lohara) Kabirdham C.G. without posting anyone in her place, who is working as Lecturer in English. Learned Single Judge has not scrutinized transfer file of the appellant, which would have revealed that transfer is not for administrative reasons but transfer order has been managed to be issued by husband Shri Pradeep Sahu, Kushal Govt. Paricharak, Polytechnic College, Kabirdham, Kawardha, who is very severely torturing the appellant. The appellant has filed writ petition, which was dismissed by learned Single Judge by the impugned order. Hence, this writ appeal. 4. Learned counsel for the appellant submits that learned Single Judge has not seen that transfer has been made in mid of academic session disrupting the education of child. Vide order dated 30-09-2022 the appellant was transferred from Government Higher Secondary School, Bemetara (Block Saja) to Government Higher Secondary School, Anjora, District Durg where she is working at present and the appellant and her son both are getting medical treatment. He further submits that the impugned order passed by learned Single Judge is perverse, arbitrary and contrary to law. The writ petition has been dismissed by learned Single Judge without considering the material available on record that no one has been posted on the post of transfer employee and the order of transfer is not reflecting that it is an administrative exigency. Such order has been held malafide as held by the Supreme Court in Harichand v. Union of India reported in 1993 4 Supp (3) SCC 35. As such, the writ appeal deserves to be allowed and the impugned order passed by learned Single Judge deserves to be set aside. 5. On the other hand, learned Deputy Government Advocate appearing for the respondents opposes the submissions made by learned counsel for the appellant and submits that learned Single Judge after considering all the aspects of the matter has rightly dismissed the writ petition filed by the appellant herein, in which no interference is called for. 6. We have heard learned counsel for the parties, considered their rival submissions made hereinabove and also gone through the documents appended with writ appeal. 7. From perusal of the impugned order, it transpires that learned Single Judge has observed that the petitioner has been transferred from Government Higher School, Anjora (Kh), Block & District Durg, to Government Higher Secondary School, Charbhatha, Gochiya, Block Sahas Lohara, District Kabirdham, vide order dated 10.12.2024, on the grounds of administrative exigency and this transfer order has been issued for 32 teachers along with the petitioner. Learned Single Judge further observed that although the petitioner is a single mother and is taking caring for her 7-year-old daughter, who is studying in Class 1 at Durg, the child's education can be continued at the new posting, i.e. Kabirdham. Further, the service of the petitioner is transferable 5 one; no prior notice is required to be served upon the petitioner before the issuance of the transfer order by the State. 8. Considering the submissions made by learned counsel appearing for the parties, perusing the documents appended with writ appeal as also with writ petition and upon perusing the impugned order, we notice that the same has been rendered by learned Single Judge with cogent and justifiable reasons. In an intra-court appeal, no interference is usually warranted unless palpable infirmities are noticed on a plain reading of the impugned order. In the facts and circumstances of the instant case, on a plain reading of order, we do not notice any such palpable infirmities or perversities, as such we are not inclined to interfere with the impugned order. As such, the present writ appeal stands dismissed. No cost(s). Sd/- Sd/- Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Bablu