1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6650 of 2025 1 - S.K. Chandrakar S/o Mohan Lal Chandrakar Aged About 55 Years Lecturer Physics, Shiv Singh Verma Higher Secondary School - Dhamtari, Distt. - Dhamtari Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction, First Floor, Block - C, Indravati Bhawan, Naya Raipur, District - Raipur Chhattisgarh 3 - Joint Director Education Division - Raipur, Distt. Raipur Chhattisgarh 4 - Collector Dhamtari, Distt. Dhamtari Chhattisgarh 5 - District Education Officer Dhamtari, Distt. Dhamtari Chhattisgarh ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Shrawan Agrawal, Advocate For Respondent(s)/State : Mr. S.P. Kale, Additional A.G. Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.15 11:04:23 +0530 2 30/06/2025 1. The petitioner has filed the present writ petition against the impugned transfer order dated 04.06.2025 (Annexure P/1), whereby the petitioner, who is a Lecturer has been transferred from Shiv Singh Verma Higher Secondary School, Dhamtari to Govt. Higher Secondary School, Sonjhari, Block Magarlod 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 04.06.2025 (Annexure P/1) passed by the Respondent No.5. 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 right place. 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 Lecturer at Shiv Singh Verma Higher Secondary School, Dhamtari. The incorrect list of surplus Lecturers has been published by the authorities and the number of students in the school has not been considered while declaring the Lecturers surplus, their seniority and date of retirement have also not been considered. The 3 number of students and placement of the Teachers/Lecturers in the other nearest school have also not been considered. He has been posted in the school, where no faculty of Science subject is available and total number of students are also 63, therefore, there is complete violation of Rationalization Instructions. On 06.06.2025, the petitioner has moved his representation to the respondent authorities, but the same has not been considered, and therefore, the impugned transfer order may be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, would submit that the petitioner was posted at Shiv Singh Verma Higher Secondary School, Dhamtari. Under the strict compliance of Rationalization Instructions, he was declared surplus there and has been transferred to Govt. Higher Secondary School, Sonjhari. The petitioner could not demonstrate by producing sufficient documents with respect to the junior Lecturers in the school against whom, he has been declared surplus. Though he annexed the gradation list with the writ petition as Annexure P/3, but it is not sufficient to consider his seniority than the other Lecturers in the school. In absence of any specific claim made by the petitioner, his transfer order cannot be quashed, when he failed to demonstrate violation of any condition of 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. 4 5. The petitioner, who is a Lecturer and posted at Shiv Singh Verma Higher Secondary School, Dhamtari is claiming that, he should not be treated as surplus Lecturer in the school as he is the senior than other Lecturers in the school and the place where he was transferred, is not required for other Lecturer, as there are no sufficient students. From the gradation list submitted by the petitioner Annexure P/3, it is not clear that when the petitioner has joined in the school and who are juniors to the petitioner. The petitioner could not demonstrate that any other junior Lecturers of the school have not been declared surplus and his seniority has been ignored. From the representation of the petitioner dated 06.06.2025, it transpires that, he claimed that certain irregularities have been committed in other schools and number of students have not been taken care of those schools during the process of Rationalization, but that itself is not sufficient to hold that the Rationalization of the petitioner is erroneous. 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 5 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 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