1 2025:CGHC:33270 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6840 of 2025 1 - Sushma Patel W/o Laxmi Prasad Patel Aged About 52 Years Teacher (L.B.) Presently Posted At Swami Atmanand Excellent Middle School, Sarangarh, District : Sarangarh-Bilaigarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education , Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - The Director Directorate Of Public Instruction Indrawati Bhawan, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - Collector Sarangarh-Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh. 4 - Joint Director Education Bilaspur Division, Bilaspur, District Bilaspur, Chhattisgarh. 5 - District Education Officer Sarangarh, District Sarangarh-Bilaigarh, Chhattisgarh. 6 - Principal Swami Atmanand Excellent Higher Secondary School, Sarangarh, District Sarangarh-Bilaigarh, Chhattisgarh. ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Dhani Ram Patel, Advocate For Respondent(s)/State : Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 16/07/2025 1. The petitioner has filed the present writ petition against the impugned order dated 19.06.2025 (Annexure P/1), whereby the order of her VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.08.25 18:12:17 +0530 2 deputation dated 29.04.2025 has been cancelled and she has been repatriated to her original place of posting i.e. Middle School, Kutela, Block Sarangarh. 2. Learned counsel for the petitioner would submit that, after revocation of her suspension vide order dated 11.04.2025, she was posted at Govt. Girls Middle School, Sarangarh and since there was no vacant post available, she was posted at Govt. Middle School, Kutela, Block Sarangarh. Due to shortage of teachers and strength of students, the petitioner was posted at Swami Atmanand Excellence Hindi Medium Middle School, Sarangarh on deputation vide order dated 29.04.2025. The said order dated 29.04.2025 was issued by the District Education Officer, Sarangarh-Bilaigarh, whereas vide impugned order dated 19.06.2025, her deputation has been cancelled and she is repatriated to her original place of posting i.e. Govt. Middle School, Kutela, Block Sarangarh. The order dated 19.06.2025 has been issued by the respondent No.4, who has no authority to repatriate the petitioner or cancel her order of deputation, therefore the impugned order may be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, opposed and would submit that, after revocation of suspension of the petitioner, she was posted at Govt. Girls Middle School, Sarangarh and thereafter, for want of vacant post there, she was posted at Govt. Middle School, Kutela, Block Sarangarh. Vide order dated 29.04.2025, issued by the District Education Officer, Sarangarh-Bilaigarh, she was sent on deputation to Swami Atmanand Excellence Hindi Medium Middle School, Sarangarh. At that time, the 3 husband of the petitioner was the District Education Officer, and he issued the order of deputation of his wife i.e. the petitioner after obtaining permission of the Collector. The State Government had issued the guidelines on 25.02.2021 for deputation of the Principals/Teachers and as per clause (1) of the said guidelines, the order of deputation could be issued by the schools running society after application/consent of the concerned employee and no objection from the State Government. When the respondent No.2 came into knowledge the fact, he cancelled the order dated 19.06.2025 and repatriated the petitioner to her original place of posting. Being the seniority authority and irregularity committed by the District Education Officer, the order dated 19.06.2025 is passed and there is no infirmity or arbitrariness in the order and the writ petition is liable to be dismissed. 4. I have heard learned counsel for parties and perused the material available in the petition. 5. The petitioner has challenged the order dated 19.06.2025 (Annexure P/1), by which she has been repatriated to her original place of posting i.e. Govt. Middle School, Kutela, Block Sarangarh. The petitioner could not demonstrate that her deputation at Swami Atmanand Excellence Hindi Medium Middle School was on her request or was there any requirement for deputation to that school, even no order by school running society was issued after obtaining no objection from the State Government, as provided in clause (1) of the guidelines dated 25.02.2021 issued by the State Government. It is notable here that the order dated 29.04.2025, by which the petitioner was sent on 4 deputation, is issued by the then District Education Officer, who is the husband of the petitioner. From perusal of the impugned order dated 19.06.2025, it transpires that the District Education Officer has no authority to issue order of deputation of the teachers to SAGES school and thereby the Joint Director, Education Division, Bilaspur has cancelled the deputation order and repatriated the petitioner to her original place of posting, in which I do not find any illegality or arbitrariness. 6. The petitioner could not demonstrate any palpable infirmity in the order dated 19.06.2025 (Annexure P/1) which warrants interference of his Court in the order impugned. Accordingly, the writ petition, being bereft of merits and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved