1 2025:CGHC:43308 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4685 of 2023 Sushil Kumar Rai S/o. Ramdular Rai, Aged About 49 Years Occupation - Teacher ( English), Presently Posted At Middle School Dadarkhurd, District - Korba, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhavan, Mantralaya, Atal Nagar, New Raipur, District - Raipur, Chhattisgarh. 2 - Additional Secretary, Department Of School Education Mahanadi Bhavan, Mantralaya, Atal Nagar, New Raipur, District - Raipur, Chhattisgarh. 3 - Director, Directorate Of Indravati Bhawan Naya Raipur, Raipur, Disrict - Raipur, Chhattisgarh. ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Shubham Tripathi, Advocate 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):- “10.1 That, this Hon'ble Court may kindly be pleased to allow the writ petition and set YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.08.26 18:27:36 +0530 2 aside the order dated 23.06.2023 (Annexure P/1) passed by the respondent no. 2 which relates to the petitioner and maintain the order dated 30.09.2022, in the interest of justice. 10.2 Any other relief, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.” 2 Learned counsel for the petitioner submits that the impugned transfer order passed by Respondent No.2, transferring the petitioner from Government Middle School, Dadarkhurd to Primary School Nakiya, is wholly illegal, arbitrary, and in direct contravention of the transfer policy dated 12.08.2021. It is contended that the petitioner’s services at Middle School Dadarkhurd are not surplus, a fact already confirmed by the Block Division Officer, and therefore there was no justification for the transfer. It is further submitted that the impugned order has been passed contrary to the specific directions issued by this Hon’ble Court in W.P.(S) No.1955/2023 dated 21.04.2023, which mandates that while issuing any transfer order, the authority must consider as many as eight factors, including the surplus status of teachers, administrative requirements, and other relevant considerations. Learned counsel would submit that the petitioner had earlier been transferred to Middle School Dadarkhurd from Middle School Fuljhar, Block Division Bagicha, District Jashpur, vide order dated 30.09.2022, which has never been challenged 3 before this Court. In the circumstances, the impugned order of transfer is without application of mind, violates the applicable transfer policy, and therefore, is liable to be quashed. 3 From perusal of the record, it seems that vide order dated 17.07.2023, the Co-ordinate Bench of this Court had passed an interim order in favour of the petitioner to the effect that “till the next date of hearing, there shall be stay on the effect and operation of the impugned Order dated 23.6.2023 (Annexure P-1) so far as the Petitioner's transfer from Dadar Khurd is concerned.” 4 Considering the matter in its entirety, it is evident that the petitioner was granted interim protection vide order dated 17.07.2023 by the Co-ordinate Bench of this Court, whereby the effect and operation of the impugned transfer order dated 23.06.2023, so far as it related to the petitioner’s transfer from Middle School Dadarkhurd, was stayed till the next date of hearing. 5 In the meantime, taking into account the subsequent developments, it appears that the relief sought in the present writ petition has, by efflux of time, ceased to survive and the matter has been rendered infructuous. 6 Accordingly, the writ petition stands dismissed as having been rendered infructuous. However, it is clarified that the State/respondents shall remain at liberty to pass appropriate 4 orders in respect of the transfer and posting of the petitioner, if administrative exigency so requires, strictly in accordance with law and the applicable transfer policy. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Yogesh