1 2025:CGHC:25041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4895 of 2025 1 - Ravi Shankar Tiwari S/o Late Shri Shyam Narayan Tiwari Aged About 48 Years R/o Near Pahuna Shop, Kedarpur, Ambikapur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Naya Raipur, Chhattisgarh. 2 - The Director Directorate Of Public Education, Atal Nagar, Nava Raipur, Chhattisgarh. 3 - The Joint Director Education Department, Sarguja Division, Ambikapur,Chhattisgarh. 4 - The District Education Officer Ambikapur, District- Surguja, Chhattisgarh. 5 - The Collector District Surguja, Ambikapur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Anshul Tiwari, Advocate. For Respondent(s) : Mr. Shreyansh Mehta, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 17/06/2025 1. The petitioner has filed the instant writ petition against the order dated 06-06- 2025 (Annexure P-1), whereby the Respondent No. 3 has issued a direction ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.07.24 10:37:53 +0530 2 to the Respondents No. 4 and 5 to ensure the revocation of the attachment of the Assistant Teachers/Teachers/Lecturers, in the schools at Surguja Division. The petitioner has prayed the following reliefs in the petition:- “1. That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order or direction quashing the Impugned Order dated 06.06.2025 (Annexure P/1) passed by the Joint Director, Education Department, Sarguja Division. Ambikapur being arbitrary, illegal and irrational, in the interest of Justice. 2. That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that the petitioner is an Assistant Teacher (LB) and was posted at Govt. Primary School, Baknakhurd, Block Ambikapur. His services were attached vide order dated 09-09-2022 (Annexure P-3) to Govt. Primary School, Salai Nagar, Block Mainpat. Thereafter, his services was again attached from Salai Nagar School to Govt. Primary School, Kedarpur Ward, Block Ambikapur. Now, in the transfer policy dated 05-06-2025, issued by the State Government, it has been provided in clause 3.17 that all the attachments are revoked with effect from 05-06-2025. Respondent No. 4, under the Rationalization instructions dated 02-08-2024, issued the list of surplus teachers at Ambikapur (Annexure P-6), District Surguja, in which the petitioner is also declared as surplus at Govt. Primary School, Salai Nagar, Block Mainpat. The petitioner has made his representation on 09-06-2025 to the Respondent No. 4, not to put him under Rationalization, but no action has been taken on his representation. Therefore, the present petition has been filed by the petitioner. 3 3. On the other hand, learned counsel appearing for the State would oppose and submit that the petitioner cannot claimed to be attached at a particular place and it is the prerogative of the State to attach the services of the petitioner or not. After revocation of his attachment, he has been considered at Govt. Primary School, Salai Nagar, Block Mainpat, and under the Rationalization instructions, he has been declared a surplus teacher there. No transfer order of the petitioner has been issued, and it is only a list of surplus teachers has been prepared. The petitioner apprehends that he may be transferred, but till date, he has not been transferred, and no cause of action has arisen in favour of the petitioner to challenge it. Therefore, the present writ petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the documents annexed with the petition. 5. From perusal of the documents, it is quite vivid that till date no transfer order has been issued, and only a list of surplus teachers has been prepared, and the same has not been challenged by the petitioner in the writ petition. In the present petition, the petitioner has challenged only the order dated 06-06- 2025 (Annexure P-1) issued by the Respondent No. 3 to the Respondent Nos. 4 and 5. By the order dated 06-06-2025, it is directed that the authorities should complete the process of revocation of all attachments of the Teachers and Lecturers up to 10-06-2025. The policy dated 05-06-2025 is a transfer policy of the State Government, and the Rationalization instructions dated 02-08-2024 are different from the transfer policy. Clause 3.17 of the transfer policy provides that all the attachments would be deemed to be revoked with effect from 05-06-2025. After the revocation of the attachment of the Teachers, they may be Rationalized under the Rationalization instruction dated 02-08-2025, for which the Teachers were short-listed as per the data available with them. Therefore, only the direction to complete the process of revocation attachment up to 10-06-2025 would 4 not give any cause of action to the petitioner to challenge the same on the apprehension that he may be transferred. 6. In view of the above facts and circumstances of the case, no case for interference with the impugned order is made out. Accordingly, the writ petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Alok