1 2025:CGHC:31804 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6903 of 2025 1 - Swarn Raj Singh S/o Late Shri Natwar Pratap Singh Aged About 36 Years Lecturer At Government Girls Higher Secondary School Baloda, District - Janjgir - Champa Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Atal Nagar, Naya Raipur District - Raipur (C.G.) 2 - Director Of Public Instruction (Dpi) Through Its Director Indrawati Bhawan, Naya Raipur District - Raipur (C.G.) 3 - Joint Director Division Bilaspur Chhattisgarh 4 - District Education Officer District - Janjgir - Champa Chhattisgarh 5 - Collector District - Janjgir- Champa Chhattisgarh 6 - Principal Government Higher Secondary School, Sivni Block Baloda District - Janjgir -Champa (C.G.) ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Ajay Kumrani, Advocate For Respondent(s)/State : Mr. S.P. Kale, Additional A.G. along with Mr. Khulesh Sahu, Panel Lawyer VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.10 17:46:34 +0530 2 Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 09/07/2025 1. The petitioner has filed the present writ petition against the impugned transfer order dated 04.06.2025, whereby the petitioner, who is Lecturer (Chemistry) has been transferred from Govt. Girls Higher Secondary School, Baloda, District Janjgir-Champa to Govt. Higher Secondary School, Bade Mudpar, District Sakti 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 07.06.2025 (Annexure P/1), issued by the Joint Director, Education Division Bilaspur (CG). 10.2 That, this Hon'ble Court may kindly be pleased to quash and set aside the impugned reliving order dated 09.06.2025 (Annexure P/2). 10.3 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 presently posted at Govt. Girls Higher Secondary School, Baloda. Under the Rationalization Instructions dated 02.08.2024, the petitioner was declared as surplus and list of surplus Lecturers have been published. At the time of considering the Rationalization Instructions, the provisions of clause 7(C)(1) have not been followed. In the Govt. Higher Secondary 3 School, Baloda, total 647 students are enrolled and as per the Rationalization Instructions, there is no surplus Lecturer in the school, yet the petitioner has been declared as surplus. He was relieved on 09.06.2025 for his transferred place of posting, i.e. Govt. Higher Secondary School, Bade Mudpar and when he had gone there, he was not permitted to join as there was no vacant post of Lecturer (Chemistry) available at his transferred place of posting i.e. Govt. Higher Secondary School, Bade Mudpar and an intimation was also given to the Principal, Govt. Higher Secondary School, Bade Mudpar on 24.06.2025. He made his representation on 10.06.2025 to the District Education Officer, Sakti and on 13.06.2025 to the respondents No. 4 and 5. Since, no action has been taken on his representation and there was no vacant sanctioned post at his transferred place of posting, he filed the present writ petition. During the pendency of present writ petition, the District Education Officer, Sakti has passed another order, by which he has been transferred from Govt. Higher Secondary School, Bade Mudpar to Govt. Girls Higher Secondary School, Hasaud, Block Jaijaipur, vide order dated 17.06.2025. He would further submit that, even at Govt. Girls Higher Secondary School, Hasaud, there was no vacant sanctioned post of Lecturer (Chemistry), therefore, the impugned transfer order and relieving order may be set-aside and he may be permitted to continue on his original place of posting. 3. On the other hand, learned counsel appearing for the State, on instructions, would submit that the petitioner was posted at Govt. Girls Higher Secondary School, Baloda and he was declared as surplus 4 Lecturer there under the Rationalization Instructions and he was transferred by the respondent No.3 to Govt. Higher Secondary School, Bade Mudpar, District Sakti vide order dated 07.06.2025. There appears to be negligence on the part of the District Education Officer, Janjgir- Champa and Sakti, by which the petitioner has been transferred from Baloda to Bade Mudpar, where no vacant post is available. On instructions, he would further submit that, even there is no vacant sanctioned post available at Govt. Girls Higher Secondary School, Hasaud, Block Jaijaipur, where the petitioner has been again transferred vide order dated 17.06.2025. Considering the negligence committed by the District Education Officer, Sakti, the respondent No.3 issued a show cause notice to the District Education Officer, Sakti on 26.06.2025 for submitting the erroneous information with respect to the availability of vacant posts. He would further submit that the respondents are ready to consider to case of the petitioner and he may be again called for counseling. 4. I have heard learned counsel for parties and perused the material available in the petition. 5. The petitioner, who is a Lecturer (Chemistry) has been transferred from Govt. Girls Higher Secondary School, Baloda, District Janjgir-Champa to Govt. Higher Secondary School, Bade Mudpar, District Sakti vide order dated 07.06.2025 and has been relieved on 09.06.2025. When the petitioner had gone there at his transferred place of posting, he could not join, as there was no vacant sanctioned post. He immediately informed the non-availability of vacant sanctioned post of Lecturer (Chemistry) at 5 Govt. Higher Secondary School, Bade Mudpar through representation dated 13.06.2025, but he could not be permitted to join any other place. On 17.06.2025, he was again transferred by the District Education Officer, Sakti and he has been transferred from Govt. Higher Secondary School, Bade Mudpar to Govt. Girls Higher Secondary School, Hasaud, Block Jaijaipur. Strange here that, even at Govt. Girls, Higher Secondary School, Hasaud, there is no vacant sanctioned post of Lecturer (Chemistry), yet the petitioner has been transferred there. Further, his original place of posting was Govt. Girls Higher Secondary School, Baloda, from where he was transferred to Govt. Higher Secondary School, Bade Mudpar, but he could not join there for want of vacant sanctioned post, and therefore, he cannot be considered to be posted at Govt. Higher Secondary School, Bade Mudpar. If the authorities considered the difficulty and wanted to change his place of posting, he should be treated the place of posting of the petitioner at Govt. Girls Higher Secondary School, Baloda and should have been transferred to any other place, but he has been considered to be posted there, where he has not joined and there is no vacant post available. It is also strange that, even at his changed place of posting, there is no vacant post of Lecturer (Chemistry) is available, which shows the gross negligence on the part of the respondent authorities, while considering the Rationalization Instructions and transferring the petitioner from one place to another. 6. It would not be sufficient to reconsider the rationalization of the petitioner for another counseling, as he would be deprived from the original 6 counseling, in which other schools of his convenience would have been available to him, but at this stage, his opportunity to opt the other schools of his convenience is over and now he could opt only the remaining schools, if any. It may not be expected from the authorities concerned that they could act in such a casual and negligent manner. When the authorities came to know about the fact that, there is no vacant post available at Govt. Higher Secondary School, Bade Mudpar, they minutely scrutinized the records and availability of the posts and should have changed the place of posting of the petitioner, but they again committed the same mistake and posted the petitioner, where no vacant sanctioned post of Lecturer (Chemistry) is there. By the negligent act of the authorities, the petitioner is constrained to run from pillar to post. 7. Therefore, in view of the above facts and circumstances of the case, this Court is of the opinion that the petitioner could able to demonstrate the arbitrary exercise of powers by the authorities concerned while rationalization process and has transferred the petitioner to the place, where no sanctioned post is available. 8. Consequently, the impugned transfer order of the petitioner dated 07.06.2025 (Annexure P/1) and his relieving order dated 09.06.2025 (Annexure P/2) and all consequent actions of the respondent authorities are hereby quashed. The petitioner shall be permitted to work there at Govt. Girls Higher Secondary School, Baloda, till any order of his transfer is passed by the authorities concerned. 9. The respondent authorities are at liberty to consider surplus Lecturer at 7 Govt. Girls Higher Secondary School, Baloda, strictly in accordance with the Rationalization Instructions, dated 02.08.2024. 10. With the aforesaid consideration and observation, the present writ petition is allowed. Sd/- (Ravindra Kumar Agrawal) Judge ved