1 2025:CGHC:36309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7348 of 2025 1 - Smt. Chhayarani W/o Shri Madansen Dhritlahre Aged About 46 Years Working As Lecturer (L.B.) Commerce) Govt. Higher Secondary School Boida, Block Pali, District - Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary School Education Department Mahanadi Bhawan Mantralaya Atal Nagar Nawa Raipur District - Raipur (C.G.) 2 - The Director Directorate Of Public Instruction Indrawati Bhawan Nawa Raipur District - Raipur (C.G.) 3 - The Collector / District Magistrate And Chairman District Level Rationalization Samiti District - Korba (C.G.) 4 - The District Education Officer Korba District - Korba (C.G.) 5 - The Block Education Officer Pali District - Korba (C.G.) ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Sourabh Sonwani, Advocate For Respondent(s)/State : Ms. Smita Jha, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 25/07/2025 1. The petitioner has filed the present writ petition against the impugned transfer order dated 05.06.2025 (Annexure P/1), whereby the VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.29 11:35:57 +0530 2 petitioner, who is the Lecturer (LB) (Commerce) has been transferred from Govt. Higher Secondary School, Boida, Block Pali to Govt. Higher Secondary School, Kartala, Block Kartala under the Rationalization Instructions dated 02.08.2024 and she prayed the following reliefs in the writ petition:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ/ order, thereby setting- aside/quashing the impugned order dated 05.06.2025 (Annexure P/1) and further be please to direct the respondent authorities to allow the petitioner to continue at her present place of posting. 10.2 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Learned counsel for the petitioner would submit that, the petitioner is a Lecturer (LB) (Commerce) and was posted at Govt. Higher Secondary School, Boida. She has been declared surplus and has been transferred to Govt. Higher Secondary School, Kartala, but there is no Higher Secondary School, Kartala in existence. Since, there is no Govt. Higher Secondary School at Kartala, she could not be able to join there at Kartala. Only the Swami Atmanand School is there at Kartala. Her husband is an employee at Forest department and posted at Korba district and she is having a minor daughter, therefore, considering the difficulties of the petitioner and also non-availability of Govt. Higher Secondary School at Kartala, her transfer order is liable to be quashed. 3. On the other hand, learned counsel appearing for the State, on 3 instructions, would submit that there is Govt. Higher Secondary School, Kartala, which is presently known as Swami Atmanand Hindi/English Medium School. Under the strict compliance of Rationalization Instructions, the petitioner is declared surplus at Govt. Higher Secondary School, Boida and she has been transferred to Kartala. Both these schools are under the same district and having no much distance between these two places. The ground of posting of the petitioner and her husband at the same place is not available under the Rationalization Instructions dated 02.08.2024. The petitioner could not make out any violation Rationalization Instructions which make the petitioner entitled to quash the impugned transfer order, therefore, the present writ petition is liable to be dismissed. 4. I have heard learned counsel for parties and perused the material annexed with the petition. 5. The petitioner, who is a Lecturer (LB) (Commerce) was posted at Govt. Higher Secondary School, Boida and has been transferred to Govt. Higher Secondary School, Kartala, which is presently known as ‘Swami Atmanand Hindi/English Medium School’, under the Rationalization Instructions dated 02.08.2024. As per the statement made by learned counsel for the State, there exists the Govt. Higher Secondary School, at Kartala, which is presently known as ‘Swami Atmanand School’. Further, the transfer of the petitioner under the Rationalization Instructions is within the same district, as she is presently posted. The petitioner could not demonstrate any palpable infirmity or mala fide on the part of the authorities concerned, which 4 makes her entitled for the reliefs claimed. The ground raised by the petitioner that she has been transferred on erroneous ground and she would face family difficulties, would not be sufficient to quash the transfer order dated 05.06.2025. 6. It is a trite law that transfer/posting is an incidence of service, the Court should not interfere with the transfer/posting order, unless there is malice, infringement of statutory rules and regulations. The employees may be posted anywhere at the instance of the employer in public interest and administrative exigency. Further, it is for the government to post another person, if any vacancy arises on account of transfer/posting of an employee. [see Airport Authority of India v. Rajiv Ratan Pandey and others, 2009 (8) SCC 337 and Chief Commercial Manager, South Central Railway, Secunderabad and others v. G. Ratnam and others, 2007 (8) SCC 212 and also Shilpi Bose (Mrs.) and others v. State of Bihar and others, 1991 Suppl. 2, SCC 659]. Further, from the documents annexed with the petition and the instructions submitted by the respondents/State, this Court do not find any scope of interference in this petition. 7. In view of the above settled legal position and also in the facts and circumstances of the case, no case for interference with the impugned order is made out. Accordingly, the writ petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved