1 2025:CGHC:30158 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6854 of 2025 1 - Smt. Jaishri Kalet W/o Anish Kalet Aged About 52 Years Working As Teacher (Lb) And Posted At Govt. Middle School Matadevalaya, Block Bhatapara, District Balodabazar-Bhatapara Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh 2 - Director Directorate of Chhattisgarh Public Instruction, Third Floor, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh 3 - Collector Balodabazar District Balodabazar-Bhatapara Chhattisgarh 4 - District Education Officer And Secretary District Rationalization Committee Balodabazar District Balodabazar-Bhatapara Chhattisgarh 5 - Block Education Officer Block Bhatapara District Balodabazar-Bhatapara Chhattisgarh ... Respondents For Petitioner : Mr. Ravipal Maheshwari, Advocate. For State/Respondents : Mr. Ajit Singh, Govt. Advocate. Hon'ble Shri Justice R avindra Kumar Agrawal, J. Order on Board 03-07-2025 1. The petitioner has filed the present writ petition against the impugned transfer order dated 02.06.2025, whereby the petitioner, who is Teacher (LB) has been transferred from Govt. Middle School Matadevalaya, Block Bhatapara, District Balodabazar-Bhatapara Digitally signed by MOHAMMAD AADIL KHAN 2 (C.G.) to Govt. Middle School Purena, Khapri, Block Bhatapara, District Balodabazar-Bhatapara (C.G.) under the Rationalization Instructions dated 02.08.2024 and prayed the following reliefs in the writ petition:- “10.1 This Hon'ble Court may kindly be pleased to quash the impugned transfer order dated 02.06.2025 (Anx. P/1) and also to direct the respondent authorities to remand back the petitioner at original place of posting i.e. Govt. Middle School Matadevalaya, Block Bhatapara, District Balodabazar-Bhatapara Chhattisgarh, in the interest of justice. 10.2 This Hon’ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that the petitioner has wrongly been declared as excess/surplus in the school from where she has been transferred and was pressurized to join immediately at her transferred place. Further, the petitioner was only one Science teacher in the school and was also teaching additional English subject, but the same has not been considered by the respondent authorities and impugned order has been passed which is against the law. He would further submit that the petitioner has joined at her transferred place of posting on 05.06.2025 and she has made representation to the respondent authorities for cancellation of transfer order, but no action has been taken by the authorities on the representation of the petitioner till date. Therefore, the impugned transfer 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 posted at Govt. 3 Middle School Matadevalaya, Block Bhatapara, District Balodabazar- Bhatapara. She was declared surplus under the Rationalization Instructions dated 02.08.2024 and has been transferred to Govt. Middle School Purena, Khapri, Block Bhatapara, District Balodabazar- Bhatapara. The petitioner has challenged her transfer order dated 02.06.2025, which has already been executed and she has joined at her transferred place of posting. After joining at the transferred place of posting, the petitioner has filed the present writ petition and in between that period, she remained working at her transferred place of posting. 4. I have heard learned counsel for the parties and perused the documents annexed with the petition. 5. The petitioner who is a Teacher (LB) has been transferred from Govt. Middle School Matadevalaya, Block Bhatapara, District Balodabazar- Bhatapara to Govt. Middle School Purena, Khapri, Block Bhatapara, District Balodabazar-Bhatapara vide transfer order dated 02.06.2025 and in pursuance of the order dated 02.06.2025 she has already joined at her transferred place of posting. 6. In the matter of “U.P. Singh vs. Punjab National Bank” reported in 2023 INSC 1077, in para 10 the Hon’ble Supreme Court has held that: “10. A person aggrieved by the order of transfer cannot sit at home and decide on his own that the order is illegal or erroneous and he will not comply with the same. If the workman had any grievance, he could have availed of his remedy available against the same; otherwise, he was duty-bound to comply with the same. Failure to avail of any remedy also would mean that he had accepted the order and was 4 duty-bound to comply with the same. At a later stage, he could 4 not take a plea that the order being erroneous, no consequence would follow for its non- compliance.” 7. The Hon’ble Division Bench of this Court in the matter of “Tarun Kanungo vs. State of Chhattisgarh & others” order dated 15.05.2015 passed in WA No. 248/2015 has held in para 3 that: “The question for cancellation of an order not in existence does not arise. The only option available to the authorities was to issue any fresh orders. We may appropriately refer to two Bench decisions in 2000 (2) PLJR 332 (Smt. Jyotsna Kumari v. The State of Bihar) and 2000 (3) PLJR 139 (Mahmood Azam Siddique v. The State of Bihar) observing as follows: "12. Now it is a settled law that once an order of transfer issued and acted upon, it is spent its force. Thereafter, no substantive part remains to be stayed or rescinded and any order to that effect is redundant.” 8. From the rationalization instructions dated 02.08.2024, the petitioner could not demonstrate any violation of the conditions of the said instructions issued by the State Government for rationalization of the teacher, merely making the representation does not entitle the petitioner to be remained there, particularly when she has already joined at her transferred place of posting. 9. Accordingly, I do not find any scope of interference in the petition and the same is liable to be and hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Aadil