1 2025:CGHC:43295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 510 of 2023 Vinay Kumar Tiwari S/o Bholanath Tiwari Aged About 44 Years Presently Working As Lecturer (L.B.) Chemistry In The Government Higher Secondary School Bahatari, Block Bilha, District : Bilaspur, Chhattisgarh ... Petitioner versus 1 - The State Of Chhattisgarh Through Secretary, General Administration Department, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 2 - The Coordination Committee Constituted Under Para 07 Of The Transfer Policy 2022, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 3 - The Principal Secretary Department Of School Education, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 4 - The Directorate Of Public Instruction Department Of School Education, Indrawati Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 5 - The District Education Officer Bilaspur, District : Bilaspur, Chhattisgarh 6 - The Principal Government Higher Secondary School Bahatari, Block Bilha, District : Bilaspur, Chhattisgarh 7 - Sunanda Donte Presently Lecturer (L.B.) Chemistry In The Government Higher Secondary School Tikari, Block Masturi, District : Bilaspur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.08.26 18:27:36 +0530 2 For Petitioner : None For Respondents/State : Mr. Ajay Kumar Pandey, G.A. For Respondent No.7 : Mr. C. Jayant K. Rao, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 26.08.2025 1. The petitioner has filed this writ petition with the following relief(s):- “10.1. It is therefore prayed that, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to set aside quash the impugned order dated 04.01.2023 issued by Respondent No. 2 (ANNEXURE P/1) and Order dated 05.01.2023 issued by the Respondent No. 5 (ANNEXURE P/2) as well as the transfer Order dated 30.09.2022 issued by the Respondent No. 3 (ANNEXURE P/3). 10.3 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct to the Respondent No. 2 and 3 10 transfer the services of the Petitioner to District Raipur in either of the schools mentioned in the representation dated 18.08.2022 i.e. Govt. H.S. School, Amlidih, Dist Raipur. Govt. H.S. School, Lalpur, Dist-Raipur, Govt. H.S. School Rakhi, Dist. Raipur considering the disability of the Petitioner.” 10.4 Any other relief/reliefs, which this Hon’ble court may think fit and proper in the 3 facts and circumstances of the case, with cost of the petition, may also please be granted to the petitioners. 2. From the record, it shows that vide order dated 19.01.2023, the Co-ordinate Bench of this Court had passed the interim order in favour of the petitioner to the effect that “purely as an interim measure, impugned order of transfer of petitioner dated 30.09.2022 shall remain stayed till the next date of hearing.” 3. Since no one appears on behalf of the petitioner to contest the case, and from perusal of the writ petition it shows that the impugned orders dated 04.01.2023 (Annexure P/1) and 05.01.2023 (Annexure P/2), whereby the representation dated 07.11.2022 of the petitioner has been rejected, are wholly arbitrary, illegal, and unsustainable. It is evident that the authorities concerned have failed to pass a reasoned and speaking order, and the rejection has been made in a mechanical manner, without due application of mind to the grounds specifically raised by the petitioner. It is further apparent that the transfer order dated 30.09.2022 (Annexure P/3), whereby the petitioner was transferred from Government Higher Secondary School, Balatari, Block Bilha, District Bilaspur (C.G.) to Government Higher Secondary School, Tikati, Block Masturi, District Bilaspur (C.G.), has been issued purportedly on account of “administrative exigency.” However, perusal of the record shows that no such exigency has been demonstrated or substantiated in the impugned orders, thereby rendering the 4 transfer order arbitrary. The rejection of the representation without assigning any cogent reasons defeats the purpose of the Court’s earlier order. 4. It is settled law that transfer, while being an incident of service, must be exercised in a fair, just, and reasonable manner, keeping in mind both administrative requirements and the personal hardship of the employee concerned. 5. Having regard to the fact that the petitioner has chosen not to pursue the matter actively, it appears that the primary relief sought in the present writ petition has lost its practical significance. Further, from perusal of the record, it is evident that no substantial or live controversy remains that warrants adjudication on merits. In such circumstances, it would be inappropriate to continue with the proceedings, and the petition is rendered infructuous. 6. Accordingly, the writ petition is dismissed as infructuous. However, the State is at liberty to pass any appropriate order, if so advised, in accordance with law and the rules governing transfers and administrative exigencies. There shall be no order as to costs. Sd/- (Amitendra Kishore Prasad) Judge Yogesh