1 2025:CGHC:33646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7227 of 2025 1 - Smt. Asmita Sharma W/o Shri Atul Kumar Sharma Aged About 42 Years Presently Posted As Assistant Teacher (Lb) At Government Primary School, Banjari, Block- Abhanpur, District - Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh 2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh. 3 - Joint Director Education Division Raipur Chhattisgarh. 4 - Collector And Chairman District Level Rationalization Committee, District Raipur Chhattisgarh. 5 - District Education Officer And Secretary District Level Rationalization Committee, District Raipur Chhattisgarh. 6 - Block Education Officer Abhanpur, District - Raipur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Pramod Ramteke, Advocate. For Respondent(s) : Mr. S. Choubey, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 17/07/2025 1. The petitioner has filed the present writ petition against the impugned transfer order dated 05.06.2025, whereby the petitioner, who is Teacher has been transferred from Govt. Primary School, Banjari, ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.07.19 14:25:51 +0530 2 Block Abhanpur to Govt. Primary School Raveli, Block Abhanpur under the Rationalization Instructions dated 02.08.2024 and prayed the following reliefs in the writ petition:- “10.1 That, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned order dated 05.06.2025 (Annexure P-1) passed by the respondent department. 10.2 That, this Hon'ble Court be pleased to direct the respondent authorities to allow the petitioner to continue her service at Government Primary School, Banjari, Block - Abhanpur, District - Raipur (C.G.) 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate..” 2. Learned counsel for the petitioner would submit that the petitioner is presently posted as Assistant Teacher (LB), at Govt. Primary School, Banjari, Block Abhanpur. 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 3 would further submit that, though the petitioner has joined at his transferred place of posting, he made his representation on 09.06.2025 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. Primary School, Banjari. He was declared surplus Teacher under the Rationalization Instructions dated 02.08.2024 and has been transferred to Govt. Primary School, Raveli. 4. 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. 5. 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 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- 4 compliance.” 6. 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.”" 7. 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 he has already joined at her transferred place of posting. 8. 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