1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7106 of 2025 1 - Dr. Kusum Singh Paraste S/o Late Shobhit Singh Paraste Aged About 62 Years Working As Head Master And Posted At Govt. Higher Secondary School, Salhi, Block Ramanujnagar, District Surajpur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur C.G. 2 - Director, Directorate Of Chhattisgarh, Public Instruction, Third Floor, Indravati Bhawan, Naya Raipur, District Raipur C.G. 3 - Collector, Surajpur, District Surajpur C.G. 4 - District Education Officer And Secretary District Level Rationalization Committee, Surajpur, District Surajpur C.G. 5 - Block Education Officer, Block Ramanujnagar District Surajpur C.G. ... Respondent(s) For Petitioner(s) : Mr. Vinod Kumar Tekam, Advocate. For Respondent/State : Mr. Shreyansh Mehta, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 18/07/2025 1. This is the second round litigation against the transfer of the petitioner from Govt. Higher Secondary School Salhi, Block Ramanujnagar to Govt. Middle School, Bacalo, Block Premnagar. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.07.19 14:25:48 +0530 2 2. Learned counsel for the petitioner would submit that the petitioner is the Head Master and presently posted at Govt. Higher Secondary School, Salhi, Block Ramanujnagar, District Surajpur. He has been declared surplus under the rationalization instruction dated 02.08.2024 and has been transferred to Govt. Middle School, Bacalo Block Premnagar vide transfer order dated 04.06.2025 under the rationalization instruction 02.08.2024. The said order dated 04.06.2025 was challenged by him in WPS No. 4965/2025 which was disposed of by this Court on 18.06.2025 giving liberty to the petitioner to move his fresh representation before the District Rationalization Committee within a period of five days and then the Committee shall decide the representation on its own merits. 3. In pursuance thereof the petitioner has moved his representation on 23.06.2025 which has been decided on 27.06.2025 (Annexure P/1). He would further submits that the petitioner is going to be retired on 31.07.2025 and in such a fag end of his service career he has been transferred under the rationalization instruction which is very difficult for him as his entire retiral dues would be withheld by change of place of his posting, therefore, the impugned order may be quashed. 4. On the other hand, learned counsel for the State opposes and have submitted that under the strict compliance of rationalization instruction the petitioner has been declared surplus and he has been transferred vide transfer order dated 04.06.2025. 5. I have learned counsel for the petitioner and perused the material annexed with the petition. 3 6. It is not in dispute that the petitioner is going to be retired on 31.07.2025. He has made his representation on 23.06.2025 pursuant to the order dated 18.06.2025 passed in WPS No. 4965/2025 in Para 4 of his representation he specifically averred that he is having only 01 month and 27 days in his tenure and also mentioned in Clause 5 that the settlement of his retiral dues is in process and the transfer of the petitioner from one place to another would create difficulties in settlement of his retiral dues, therefore, he may not be transferred 7. From perusal of the order dated 27.06.2025 passed by the District Education Officer, Surajpur there is absolutely no consideration with respect to his period of retirement as well as consideration of the settlement of retiral dues of the petitioner. One can understand difficulties of transfer in such a fag end when only 15 days is remained for his retirement and in that fag end of his service he has been transferred. 8. Accordingly, this Court is of the opinion that the impugned transfer order dated 04.06.2025 of the petitioner is liable to be quashed. 9. The petitioner shall remained posted there at Govt. Higher Secondary School, Salhi, Block Ramanujnagar, District Surajpur till his retirement i.e. on 31.07.2025. thereafter, the respondent/State are at liberty to place any other person at his place. 10. With the aforesaid modification, the present writ petition is allowed. Sd/- (Ravindra Kumar Agrawal) Judge Alok