1 2025:CGHC:39102 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6932 of 2025 1 - Yogesh Mishra S/o Late Shri Jivan Nath Mishra Aged About 55 Years Occupation Lecturer (English), R/o House No. 58, Royal Park, Ambikapur, District Surguja, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur C.G. 2 - The District Education Officer, Ambikapur, District Surguja (Ambikapur) C.G. 3 - The Collector, Ambikapur, District Surguja (Ambikapur) C.G. ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Ms. Kaushiki Mishra, Advocate For Respondent(s)/State : Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 14/07/2025 1. The petitioner has filed the present writ petition against the order dated 12.06.2025 (Annexure P/1), whereby the petitioner, who is a Lecturer has been relieved for his transferred place of posting i.e. Govt. Higher Secondary School, Baskepi, Block Kusmi, District Balrampur in VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.08.07 12:59:03 +0530 2 compliance of the letter dated 06.06.2025, issued by the respondent No.2 under the transfer policy dated 05.06.2025. The petitioner prayed the following reliefs in the writ petition:- “It is, therefore, most humbly prayed that this Hon'ble Court may kindly be pleased: (i) Summon the entire material record from the possession of the respondents for kind perusal of this Hon'ble Court. (ii) Set aside the impugned transfer order dated 12.06.2025, contained in Annexure P/1, passed by the Respondent No.2. (iii) Further command the respondents to retain the petitioner at his present place of posting with all consequential benefits arising thereto, as if the impugned order was never passed. (iv) To grant any other relief that, this Hon'ble Court deems fit and just in the facts and circumstances of the case in the interest of justice. (v) May kindly be pleased to allow the cost of the Petition.” 2. Learned counsel for the petitioner would submit that, the substantive post of the petitioner is Lecturer (English). He was incharge of Block Education Officer, Ambikapur and was transferred to Govt. Higher Secondary School, Baskepi, Block Kusmi, District Balrampur on administrative exigency vide order dated 30.12.2022 (Annexure P/2). 3 He was relieved and joined at the office of District Education Officer, Ambikapur, District Surguja on 18.01.2023. He was again transferred vide order dated 19.12.2024 to the office of District Education Officer, Ambikapur as incharge Assistant Director (Education) and in compliance thereof, he joined there at the office of District Education Officer, Ambikapur, District Surguja on 20.12.2024. The salary of the petitioner was drawn from Govt. High School, Beljore vide order dated 18.04.2023 against the vacant post of Lecturer. By the impugned order, the respondent authorities have considered his transfer to be an attachment and withdrawn the attachment and has been relieved from Govt. Higher Secondary School, Baskepi in compliance of transfer order dated 30.12.2022. She would further submit that the petitioner is a State cadre employee and the transfer policy dated 05.06.2025 is not applicable to the case of the petitioner. The petitioner who was never relieved from the office of District Education Officer, Ambikapur, District Surguja and has never joined at Govt. Higher Secondary School, Baskepi. At Govt. Higher Secondary School, Baskepi, there is already Lecturer (English) Mr. Basant Ekka was working and no vacant post of Lecturer (English) was there. The order dated 30.12.2022 is not an attachment order, but it was a transfer order, yet the petitioner has been relieved in compliance of order dated 30.12.2022 and therefore, the impugned order is liable to be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, would submit that the petitioner was transferred to Govt. Higher Secondary School, Baskepi, District Balrampur vide order 4 dated 30.12.2022. After relieving from the post of incharge Block Education Officer, Ambikapur, instead of giving his joining at Balrampur district, he had given joining at Surguja district on 18.01.2023. For the reasons best known to the then authorities concerned, the petitioner was remained at the office of District Education Officer, Surguja, Ambikapur. He would further submit that from the order dated 19.12.2024 (Annexure P/5), it clearly reveals that the petitioner was attached with the office of District Education Officer, Surguja and he was made incharge Assistant Director (Education) and attached to the office of District Education Officer, Surguja, Ambikapur. His salary was also drawn from Govt. High School, Beljora against vacant post of a Lecturer. Vide order dated 20.12.2024, the Divisional Commissioner attached the services of the petitioner to the office of District Education Officer, Surguja. He would further submit that under the transfer policy, all the attachments have been cancelled w.e.f. 05.06.2025 and since the petitioner was also on attachment to the office of District Education Officer, Ambikapur, his attachment was also cancelled and he has been relieved for Govt. Higher Secondary School, Baskepi, District Balrampur, therefore, there is no merits in the writ petition and the same is liable to be dismissed. 4. I have heard learned counsel for parties and perused the material available in the petition. 5. The grievance of the petitioner is that, he has never joined at Govt. Higher Secondary School, Baskepi and it is not his original place of posting and after reliving from the office of Block Education Officer, he 5 had joined in the office of District Education Officer, Surguja on 18.01.2023 and vide order dated 19.12.2024, he was posted at the office of District Education Officer, Surguja on the post of Assistant Director (Education). From perusal of the transfer order dated 30.12.2022, it transpires that the petitioner was transferred from the post of incharge Block Education Officer, Ambikapur to the Govt. Higher Secondary School, Baskepi, District Balrampur. There is no joining of the petitioner at Baskepi school, whereas he has given his joining at the office of District Education Officer, Ambikapur on 18.01.2023 (Annexure P/3). For the reasons best known to the then authorities concerned, his salary was also ordered to be drawn from Govt. High School, Beljora against vacant sanctioned post of Lecturer vide order dated 18.04.2023. Thereafter from perusal of the order dated 19.12.2024 (Annexure P/5), it further transpires that he was again posted at the office of District Education Officer, Surguja on the post of incharge Assistant Director (Education). From the order dated 19.12.2024 it also transpires that the petitioner was already attached to the office of District Education Officer, Surguja. The contents of document (Annexure P/5) is necessary to reproduce here for consideration, as to whether the said order is transfer order or attachment order:- “ क्रमांक / 5901 / स्था०/न.क्र.-/2024 संयुक्त संचालक शिक्षा सरगुजा संभाग से प्राप्त अशिभमत एवं जानकारी के अनुसार श्री योगे मिमश्रा, व्याख्याता, मूल संस्था प्राचाय%, ासकीय हाई L कू ल बेलजोर मिव०स०सीतापुर जिजला सरगुजा वत%मान में सम्बद्ध काया%लय जिजला शिक्षा अधि0कारी, सरगुजा (अम्बिम्बकापुर) को आगामी आदे पय%न्त प्रभारी 6 सहायक संचालक शिक्षा, काया%लय जिजला शिक्षा अधि0कारी, सरगुजा (अम्बिम्बकापुर) के काय5 का संपादन करने हेतु आदेशित मिकया जाता है। उनके वेतन भत्तें आमिद का आहरण मूल संस्था से आहरिरत होता रहेगा। "यह आदे तत्काल प्रभावील होगा"” 6. It clearly reveals from the order dated 19.12.2024 that the petitioner has been attached at the office of District Education Officer, Surguja and he was assigned the duties of incharge Assistant Director (Education). Though the petitioner submits that the petitioner is a State cadre employee and the transfer policy dated 05.06.2025 is not applicable to the petitioner, but the petitioner could not demonstrate that for cancellation of the attachment also the said policy is not applicable to the petitioner. Clause 3.17 of the transfer policy dated 05.06.2025 clearly provides that, all the attachments are cancelled w.e.f. 05.06.2025. 7. From the impugned order dated 12.06.2025 (Annexure P/1), it clearly reveals that in compliance of clause 1.5 of the transfer policy dated 05.06.2025, and letter issued by the Collector, Surguja dated 06.06.2025 and letter issued by the Divisional Joint Director (Education) Surguja division, Ambikapur dated 06.06.2025, which are issued under the transfer policy dated 05.06.2025, the petitioner was relieved on 12.06.2025 for his original place of posting i.e. Govt. Higher Secondary School, Baskepi. The said Baskepi school is the transferred place of his posting vide order dated 30.12.2022 (Annexure P/2) and in the meantime, he remained on attachment at the office of District Education Officer, Surguja, Ambikapur. Further, his 7 attachment was cancelled vide transfer policy dated 05.06.2025 and he has been relieved for Baskepi school, as he has originally transferred to Baskepi school vide order dated 30.12.2022. 8. The judgments cited by learned counsel for the petitioner reported in “Ashok Kumar Tiwari v. State of Madhya Pradesh and another” 2001(1) MPLJ 583 and order dated 22.10.2020, passed by Allahabad High Court (Lucknow Bench) in Service Single No. 16946 of 2020 (Devendra Kumar Singh v. State of U.P. and others) are on different footing and different facts and therefore, no benefit can be extended to the petitioner in the present case. 9. From the aforesaid facts and circumstances of the case, as well as law applicable in the present case, I do not find any palpable infirmity in the order impugned, which warrants interference in the present petition. 10. Consequently, the writ petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved