1 2025:CGHC:36716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7331 of 2025 1 - Takeshwar Vaishnav S/o Shri Ghanshyam Das Vaishnav Aged About 35 Years R/o Post And Village - Dhurkot, Janjgir, District Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh 2 - Directorate Of Public Instructions (Dpi) Through Its Director, Indravati Bhawan, Naya Raipur, District - Raipur, Chhattisgarh 3 - Joint Director Division Bilaspur, Chhattisgarh 4 - District Education Officer District Janjgir-Champa, Chhattisgarh 5 - Collector District Janjgir-Champa, Chhattisgarh 6 - Principal Government Girls Higher Secondary School, Choriys, Block - Bamhanidih, District Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Ajay Kumrani, Advocate For Respondent(s) : Mr. S. P. Kale, Addl. Advocate General SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.07.30 10:46:52 +0530 2 Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 10.07.2025 1. The petitioner has filed the present writ petition against the impugned transfer order dated 07.06.2025, whereby the petitioner, who is Lecturer (Chemistry), has been transferred from Govt. Higher Secondary School, Choriya, District Janjgir-Champa to Govt. Higher Secondary School, Nariyara, District Sakti 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 and set aside the impugned Order dated 07.06.2025 (Annexure P/1), issued by the Joint Director, Education Division Bilaspur (CG). 10.2 That, this Hon'ble Court may kindly be pleased to quash and set aside the impugned reliving order dated 09.06.2025 (Annexure P/2). 10.3 That this Hon'ble Court may kindly be pleased to grant any other writ/ writs, order/orders, relief/ reliefs in favor of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that the petitioner is presently posted at the Government Higher Secondary School, Choriya. Under the Rationalization Instructions dated 02.08.2024, the petitioner was declared surplus, and a list of surplus Lecturers has been published. At the time of considering the Rationalization Instructions, the provisions of clause 7(C)(3) have not been followed. In 3 the Govt. Higher Secondary School, Choriya, no other Lecturer has been posted in place of the petitioner. After relieving on 09-06-2025, the petitioner formally given his joining at the office of the District Education Officer, Sakti, but there is no vacant post of Lecturer (Chemistry) at Govt. Hr. Sec. School, Nariyara. Therefore, the Principal of the school showed his inability to give him permission to join there. The Principal of Nariyara School have sent a request letter on 09-06- 2025 (Annexure P-7) to the Joint Director, Education Division, Bilaspur, for amendment in the posting order of the petitioner. Therefore, the impugned transfer order of the petitioner may be quashed, and he may be permitted to continue in his original place of posting. 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, Choriya and he was declared as surplus Lecturer there, under the Rationalization Instructions, and he was transferred by the respondent No.3 to Govt. Higher Secondary School, Nariyara, District Sakti vide order dated 07.06.2025. There appears to be negligence on the part of the District Education Officer, Janjgir- Champa and Sakti, by which the petitioner has been transferred from Choriya to Nariyara, where no vacant post is available. On instructions, he would further submit that even though there is no vacant sanctioned post available at Govt. Higher Secondary School, Nariyara, Block Malkharoda, the authorities are again considering his posting; they are going to consider his posting at any other place. He would further submit that the respondents are ready to consider to case of the petitioner, and he may be called again for counselling. 4 4. I have heard learned counsel for parties and perused the material available in the petition. 5. On 09-07-2025, this court has directed the Joint Director, Education Division, Bilaspur, to remain appear in person and to explain about the position as to whether any vacant post of Lecturer (Chemistry) is available at govt. Hr. Sec. School, Nariyara, or not and what would be their further course for posting of the petitioner. The Joint Director, Education Division, Bilaspur, appeared on 10-07-2025 and submitted that there is no vacant post of Lecturer (Chemistry) available at Nariyara School and they are going to consider the case of the petitioner afresh. 6. The petitioner, who is a Lecturer (Chemistry) has been transferred from Govt. Higher Secondary School, Choriya, District Janjgir-Champa to Govt. Higher Secondary School, Nariyara, District Sakti vide order dated 07.06.2025 and has been relieved on 09.06.2025. When the petitioner had gone there at his transferred place of posting, he could not join, as there was no vacant sanctioned post. He immediately informed of the non-availability of the vacant sanctioned post of Lecturer (Chemistry) at Govt. Higher Secondary School, Nariyara. There is no vacant post of Lecturer (Chemistry) available at Nariyara School, which shows the gross negligence on the part of the respondent authorities, while considering the Rationalization Instructions and transferring the petitioner from one place to another. 7. It would not be sufficient to reconsider the rationalization of the petitioner for another counselling, as he would be deprived of the original counselling, in which other schools of his convenience would have been available to him, but at this stage, his opportunity to opt the 5 other schools of his convenience is over and now he could opt only the remaining schools, if any. It may not be expected from the authorities concerned that they could act in such a casual and negligent manner. By the negligent act of the authorities, the petitioner is constrained to run from pillar to post. 8. Therefore, in view of the above facts and circumstances of the case, this Court is of the opinion that the petitioner could able to demonstrate the arbitrary exercise of powers by the authorities concerned during rationalization process and has transferred the petitioner to a place where no sanctioned post is available. 9. Consequently, the impugned transfer order of the petitioner dated 07.06.2025 (Annexure P/1) and his relieving order dated 09.06.2025 (Annexure P/2) and all consequent actions of the respondent authorities are hereby quashed. The petitioner shall be permitted to work there at Govt. Higher Secondary School, Choriya, district Janjgir- Champa, till any order of his transfer is passed by the authorities concerned. 10. The respondent authorities are at liberty to consider a surplus Lecturer at Govt. Higher Secondary School, Choriya, strictly in accordance with the Rationalization Instructions, dated 02.08.2024 and to pass a fresh order of transfer of surplus Lecturer, if any. 11. With the aforesaid consideration and observation, the present writ petition is allowed. Sd/- (Ravindra Kumar Agrawal) Judge sagrika