1 2025:CGHC:29248 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5933 of 2025 1 - Anil Kumar Kaiwart S/o Vishnu Sundar Kaiwart Aged About 47 Years Working As Headmaster, Posted At Primary School Barpani Kansara, Block - Korba, District- Korba (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, General Administration Department of Mahanadi Bhawan, Mantralaya Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Director Directorate Public Instructions, Naya Raipur, District - Raipur (C.G.) 3 - The Collector Korba, District- Korba (C.G.) 4 - District Education Officer Korba, District- Korba (C.G.) 5 - Block Education Officer Korba, District- Korba (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Awadh Tripathi, Advocate. For State/Respondents : Mr. Ajit Singh, Govt. Advocate. Hon'ble Shri Justice R avindra Kumar Agrawal, J. Order on Board 27-06-2025 1. The petitioner has filed the present writ petition claiming the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to Digitally signed by MOHAMMAD AADIL KHAN 2 call for the entire records pertaining to the case of petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to allow the writ petition and quash the impugned order dated 29/11/2024 (ANNEXURE P/1) passed by the respondent no. 4 and direct the respondents to post the petitioner at the vacant posts available at Government Primary School Ranaidih or nearby Government primary School and according to the similar orders passed in accordance with circular dated 07.02.2022 and letter/circular dated 07.11.2022, and notification dated 05/30/2019 in the interest of justice. 10.3 Any other relief, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case, may also be allowed.” 2. Learned counsel for the petitioner would submit that the petitioner was promoted from the post of Assistant Teacher (LB) to the post of Head Master, Primary School vide order dated 27-10-2024 and he has been posted at Primary School Barpani Kansara, Block Korba. He made representation on 06-11-2024 before the respondent No.3 and when his representation was not decided he filed WPS No.7329/2024 before this Court which was disposed of on 13-11-2024 with a direction to the respondent authorities to decide the representation of the petitioner dated 06-11-2024 within a period of three weeks from the date of receipt of copy of that order. He would further submit that in compliance of the order dated 13-11-2024 passed in WPS No.7329/2024 the petitioner moved his representation on 19-11-2024 with a prayer that he may be posted at Govt. Primary School 3 Rohidaspara, Arda, Block Katghora or Govt. Primary School Ranaidih, Block Kartala as Head Master of the school was going to be retired soon after. The representation of the petitioner was decided on 29-11- 2024 whereby the authorities have rejected the representation of the petitioner on the ground that there is no vacant post of head master on the claimed places. He would further submit that the Head Master of Primary School Ranaidih is retired on 31-05-2025 and considering the vacant post of Head Master at Rohidaspara and Ranaidih primary schools, he again made his representation on 06-05-2025 for his posting there in the said schools, but his subsequent representation has not been considered. Therefore, the authorities may be directed to post the petitioner at Primary School Ranaidih or any other nearby school in view of the various circulars issued by the State Government. 3. On the other hand, learned counsel appearing for the State opposes the submission made by learned counsel for the petitioner and has submitted that for want of any vacant post at Primary School Ranaidih and Primary School Rohidaspara representation of the petitioner was rejected. Posting order cannot be passed on apprehension of vacancy on the ground of retirement of existing employee. The petitioner’s posting after his promotion is within the same District and therefore, there is no sufficient ground available to the petitioner to change his place of posting and his writ petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material annexed with the petition. 5. Undisputedly, the petitioner was promoted to the post of Head Master, Primary School vide order dated 27-10-2024 and was posted at 4 Primary School Barpani Kansara, Block Korba. On the date of promotion there was no vacant post either in Primary School Ranaidih or Primary School Rohidaspara, since there was no vacant post available in both these schools, the petitioner could not be posted in those schools. Even if the post is vacant after their retirement, the petitioner cannot claim to be posted there as a matter of right. His earlier representation dated 19-11-2024 has already been rejected by respondent No.4 vide order dated 29-11-2024 (Annexure-P/1). From perusal of order dated 29-11-2024 as well as entire material produced in the writ petition, I do not find any palpable infirmity or arbitrariness in the order dated 29-11-2024 passed by respondent No.4 rejecting the representation of the petitioner. No infirmity has been demonstrated by the petitioner to interfere with the impugned order and to quash the same. Accordingly, the writ petition is liable to be and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Aadil