1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6648 of 2025 1 - Chandrakant Sahu S/o Udalram Sahu Aged About 41 Years Teacher Maths (E-Cadre), Govt. Middle School - Anjora (B), District - Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction, First Floor, Block - C, Indravati Bhawan, Naya Raipur, District - Raipur (C.G.) 3 - Joint Director Education Division - Durg, District - Durg (C.G.) 4 - Collector Durg, District - Durg (C.G.) 5 - District Education Officer Durg, District - Durg (C.G.) 6 - Block Education Officer Durg, District - Durg (C.G.) ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Shrawan Agrawal, Advocate For Respondent(s)/State : Mr. Suyashdhar Badgaiya, Dy. G.A. Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.15 11:03:35 +0530 2 30/06/2025 1. The petitioner has filed the present writ petition against the impugned transfer order dated 07.06.2025 (Annexure P/1), whereby the petitioner, who is a Teacher (Maths) (E-cadre) has been transferred from Govt. Middle School, Anjora (Kha), District Durg to Govt. Middle School, Pandatarai, District Kabirdham under the Rationalization Instructions dated 02.08.2024 and prayed the following reliefs in the writ petition:- “10.1) That, this Hon'ble Court may kindly be pleased to allow the petition and set-aside/quash the order dated 07.06.2025 (Annexure P/1) passed by Joint Director, Education, Division Durg. 10.2) That, this Hon'ble Court may kindly be pleased to direct to respondent authorities. to hold a re- counselling as per rule of natural justice and following the instruction dated 02.08.2024 for posting of petitioner in Block Durg. 10.3) Any other relief which this Hon'ble Court may deem fit and proper also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner would submit that the petitioner is presently posted as Teacher (Maths) (E-cadre) at Govt. Middle School, Anjora (Kha), District Durg. Under the Rationalization Instructions dated 02.08.2024, the petitioner was declared as surplus and he has 3 been transferred. He was not provided sufficient opportunity to opt the school in counseling and only a day before the date of counseling, the notice was issued on 06.06.2025 for counseling. The wife of the petitioner is also posted at the same block. The petitioner is also suffering from spine problem and his treatment is continuing at Durg, therefore, the transfer of the petitioner under the garb of Rationalization would prejudice him and same may be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, would submit that the petitioner was posted at Govt. Middle School, Anjora (Kha), District Durg and under the strict compliance of Rationalization Instructions, he was declared surplus there and has been transferred to Govt. Middle School, Pandatarai. There is no provision in the Rationalization Instructions dated 02.08.2024 with respect to the Rationalization of the Teachers of Middle School on the ground of husband and wife that they may be posted at the same place. The petitioner could not demonstrate any ground or violation of the Rationalization Instructions, therefore, no relief can be granted to him in the present writ petition. 4. I have heard learned counsel for parties and perused the material available in the petition. 5. The petitioner, who is a Teacher (Maths) (E-cadre) is claiming that he should not be treated as surplus Teacher in the school and no proper opportunity to opt other nearest school, has been provided to him, 4 because only a day before the counseling, the notice was issued. From perusal of the notice dated 06.06.2025 (Annexure P/3), this Court do not find any irregularity in issuing the notice for counseling. The petitioner could not be able to demonstrate violation of any condition of the Rationalization Instructions dated 02.08.2024 or policy/guidelines for the same. In absence of any specific condition for placement of husband and wife at the same place with respect to Teachers of Middle School and consideration of the ailment of the petitioner under the Rationalization Instructions dated 02.08.2024, those grounds are also not available to the petitioner to remain there at Govt. Middle School, Anjora (Kha). 6. It is a trite law that transfer/posting is an incidence of service, the Court should not interfere with the transfer/posting order, unless there is malice, infringement of statutory rules and regulations. The employees may be posted anywhere at the instance of the employer in public interest and administrative exigency. Further, it is for the government to post another person, if any vacancy arises on account of transfer/posting of an employee. [see Airport Authority of India v. Rajiv Ratan Pandey and others, 2009 (8) SCC 337 and Chief Commercial Manager, South Central Railway, Secunderabad and others v. G. Ratnam and others, 2007 (8) SCC 212 and also Shilpi Bose (Mrs.) and others v. State of Bihar and others, 1991 Suppl. 2, SCC 659]. Further, from the documents annexed with the petition and the instructions submitted by the respondents/ State, this Court do not find any scope of interference in this petition. 5 7. In view of the above settled legal position and also in the 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 Ved