1 2025:CGHC:31172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7322 of 2025 1 - Shri Jitendra Kumar Sahu S/o Indal Singh Sahu Aged About 59 Years R/o Chapar Para, Ward No. 1, Basanwahi, District - Jashpur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The School Education Department Mantralay, Mahanadi Bhawan, Atal Nagar Raipur Chhattisgarh 2 - The Director Public Education Directorate Raipur, District - Raipur Chhattisgarh 3 - The District Education Officer Kanker, District - North Bastar Kanker Chhattisgarh 4 - The Block Education Officer Narharpur, District - North Bastar Kanker Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Shreyansh Pathak, Advocate. For Respondent(s) : Mr. S. Choubey, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 08/07/2025 1. The petitioner has filed the present writ petition against the impugned transfer order dated 05.06.2025, whereby the petitioner, who is Lecturer (History) has been transferred from Govt. Higher Secondary School Dudhwa, Block Narharpur to Govt. High School Kadme, Block Koylibeda District North Baster Kanker under the Rationalization Instructions dated 02.08.2024 and prayed the following reliefs in the ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.08.04 11:23:07 +0530 2 writ petition:- “10.1 That the Hon'ble Court may kindly be pleased to call the records regarding to the case of petitioner for its kind perusal. 10.2 That the Hon'ble Court may kindly be pleased to quash the impugned order passed by the respondent No.3 on 05.06.2025 (Annexure P-1). 10.3 Cost of petition and all consequences & benefit may also be granted to the petitioner. 10.4 Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner would submit that the petitioner is presently posted as Lecturer of History at Govt. Higher Secondary School Dudhawa, Block Narharpur. Under the Rationalization Instructions dated 02.08.2024, the petitioner was declared as surplus and list of surplus Teachers have been published. At the time of considering the Rationalization Instructions, the strength of the Teachers subject-wise have not been considered. Even at the time of counseling, no proper opportunity was provided to the petitioner and only a day before the date of counseling, the list of surplus Teachers and schools have been published. The setup of the school as per the setup fixed in the year 2008 has also not been considered and the authorities are acted in most arbitrary manner while considering the rationalization of the Teacher under the Rationalization Instructions, dated 02.08.2024. He would further submit that, though the petitioner has joined at his transferred place of posting on 16.06.2025, he made 3 his representation on 12.06.2025 raising his grievances, but his representation has not been considered 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. Higher Secondary School Dudhawa, Block Narharpur. He was declared surplus Teacher under the Rationalization Instructions dated 02.08.2024 and has been transferred to Govt. High School Kodami, Block Koylibeda, District North Baster Kanker. The petitioner has challenged his transfer order dated 05.06.2025, which has already been executed and he 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, he 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 lecturer, has been transferred from Govt. Higher Secondary School, Dudhawa to Govt. High School, Kadme, vide order dated 05.06.2025. In pursuance of the order dated 05.06.2025 he already joined on 16.06.2025 at his 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 4 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 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 5 petitioner to be remained there, particularly when he 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 Alok