1 2025:CGHC:37422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5739 of 2025 1 - Rakesh Kumar Gupta S/o Chandrama Prasad Gupta Aged About 52 Years Presently Posted As Lecturer (Geography), At Government Higher Secondary School Batoli, District Surguja, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instructions (D.P.I) Through Its Director, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 3 - Collector District Surguja, Chhattisgarh. 4 - Joint Director Public Instruction Division Surguja/ Bastar, Chhattisgarh. 5 - District Education Officer District Surguja/ Narayanpur, Chhattisgarh. ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Mateen Siddiqui, Advocate For Respondent(s)/State : Mr. Suyashdhar Badgaiya, Deputy G.A. Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.08.01 12:11:46 +0530 2 11/07/2025 1. The petitioner has filed the present writ petition against the impugned order of her posting dated 12.06.2025 (Annexure P/1), whereby the petitioner, who is a Lecturer (LB), has been posted from Higher Secondary School, Batauli, Block Surguja to Govt. SAGES Higher Secondary School, Orchha, Block Narayanpur 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 quash and set aside the impugned order dated 12.06.2025 (Annexure P/1)issued by the Directorate of Public Education, Chhattisgarh. 10.2 That this Hon'ble Court may kindly be pleased to grant any other writ/writs, order/ orders, relief/ reliefs in favor of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that, the petitioner is a Lecturer (LB) and presently posted at Higher Secondary School, Batauli, Block Surguja. He has been declared surplus and has been posted at Govt. SAGES Higher Secondary School, Orchha. The Orchha school is Swami Atmanand Govt. English Medium School (in short ‘SAGES’) and vide order dated 25.02.2021, issued by the State Government, the employees can be posted on deputation in the SAGES without obtaining consent from the concerned employee. Before posting of the petitioner, no consent has been obtained from him to be posted there on deputation. The name of the petitioner was 3 not there in District Level and Divisional Level list of Lecturers for Rationalization and his name is directly come in the came in the State Level list. The petitioner is fulfilling the criteria of taking 04 subject periods for Geography and Economics for class 9th to 12th, therefore, he cannot be declared surplus. The other Lecturers who are juniors to the petitioner, have been given posting in the same district and they were not declared surplus. The wife of the petitioner is also posted in the institution and she is suffering from Spinal disease, for which her treatment is continued and she requires physical and moral support. The distance between these two places are more than 350 KMs, and therefore, the impugned order of posting of the petitioner is liable to be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, would submit that though the State Government has issued an order with respect to posting of Lecturers and Principals at SAGES schools for its smooth running. It is for the State Government to give No Objection for posting of the employees at SAGES. Further, under the Rationalization Instructions dated 02.08.2024, the Lecturers can be posted at any school, where the Lecturers are required under the Rationalization. He would further submit that the name of the petitioner was there in the District Level and Divisional Level list of surplus Lecturers and when the sufficient posts are not available in the District and Division, his name has been listed in the State Level list of counseling, and thereafter, the petitioner has been posted at Govt. SAGES Higher Secondary School, Orchha. The subject of the 4 petitioner has also rightly been considered, while Rationalization process. Submission of the petitioner that, there is no post available of Lecturer (Geography) at Govt. SAGES Higher Secondary School, Orchha does not help him, as the petitioner has been considered under the subject of Economics/Geography. The petitioner has already made his representation on 12.06.2025, and it is for the authorities concerned to consider his grievances, therefore, no relief can be granted to the present petitioner in the petition, therefore, the same is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the documents annexed with the petition. 5. The petitioner has claimed that he is posted as Lecturer (LB) and without his consent, he has been sent on deputation and posted at Govt. SAGES Higher Secondary School, Orchha, which is against order dated 25.02.2021 issued by the State Government with respect to posting of the employees of SAGES schools. The petitioner has been posted at Govt. SAGES Higher Secondary School, Orchha under the Rationalization Instructions dated 02.08.2024 and it is for the State Government to give No Objection for posting of the Lecturers at SAGES schools. When the vacant sanctioned post is available at SAGES schools and the Lecturers are surplus in other schools, they can be rationalized and posted in the schools, where they are required. The petitioner was also declared surplus at Govt. Higher Secondary School, Batauli and under the Rationalization Instructions, he has been posted at Govt. Higher Secondary School, Orchha. His 5 name is there in the District Level list of surplus Lecturers and since no vacant posts are available in the District or Division, he has been posted there at Govt. SAGES Higher Secondary School, Orchha. The petitioner could not demonstrate any palpable infirmity in Rationalization process, which warrants interference in the present petition. 6. Even otherwise, Rationalization Instructions are mere guidelines. It may not supplement the general powers of the employer provided under the statutory service rules, i.e. to post a person at a place in the public interest and in administrative exigency. 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. 7. In view of the above settled legal position and also in the facts and 6 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