2025:CGHC:31876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7522 of 2025 Smt. Deepika Shardul W/o. Manoj Kumar Shardul, Aged About 36 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Junapani, Block Kondagaon, District Kondagaon (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 2 - Director, Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.). 3 - Collector, District Kondagaon (C.G.). 4 - District Education Officer, Kondagaon, District Kondagaon (C.G.) 5 - Block Education Officer, Kondagaon, District Kondagaon (C.G.) ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Rupendra Dewangan, Advocate For Respondents/State : Shri Mayur Khandelwal, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 10.07.2025 1. Petitioner has filed the present writ petition challenging her transfer order dated 03.06.2025 (Annexure P2), passed by respondent-4, by which the petitioner, who is working as Assistant Teacher (LB), has been transferred from the Primary School, Junapani, to the Primary School, Sitli, Block- Kondagaon under the Rationalization Instructions dated 02.08.2024, and is claiming for the following reliefs: Digitally signed by V PADMAVATHI Date: 2025.07.11 17:20:29 +0530 Wps 7522 of 2025 2 “10.1 That, this Hon’ble Court ;may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon’ble Court ;may kindly be pleased to declare the Merger and Rationalization Policy/guideline dated 02/08/2024 2. Learned counsel for the petitioner would submit that the directions of the Rationalization Instructions dated 02.08.2024 have not been followed in the process, as the junior most has to be declared as surplus but the same has not been considered in case of the petitioner. Clause 7(A)(3) of the Instructions has also not been followed, which provides that in the School where the number of students are in between 61- 90, three teachers are to be posted there, including the Head master, and since the Primary School-Junapani is having strength of 61 students, initially, one Assistant Teacher namely, Smt Leela Shardul was declared as surplus but in the 2nd list, issued by the Block Education Officer, two teachers, including the present teacher has been declared as surplus, which is erroneous, and only to accommodate other teacher in the school. He would further submit that the petitioner has moved representation before respondent-4, but it has not been considered yet, and therefore, the impugned order of transfer is arbitrary, which is liable to be quashed. 3. On the other hand, learned counsel for the State would submit that after due verification of records, the petitioner has been transferred under the Rationalization Instructions issued by the State Government. It is further submitted that, if the petitioner is having any grievance, she may move fresh representation before the concerned District/Divisional Rationalization Wps 7522 of 2025 3 Committee and the Committee will take decision on her representation in accordance with law, within a stipulated period. 4. I have heard learned counsel for the parties and perused the pleadings and documents. 5. The petitioner, who is working as Assistant Teacher (LB) has assailed her transfer order dated 03.06.2025 (Annexure P2) issued under Rationalization Instructions dated 02.08.2024 in this petition. There are 61 students, and as per the date of joining in the school, initially, one Assistant Teacher namely, Smt Leela Shardul was declared as surplus teacher, however, in the 2nd list, name of the petitioner was included in the surplus list. As per the Clause 7(A)(3) of the Instructions, three teachers including the Head Master are required with the number of students in the School is in between 61 to 90. Hence, present petitioner cannot be declared as surplus teacher there at the Primary School, Junapani. However, petitioner could not demonstrate her case by filing sufficient documentary proof as to who were posted in the School, and when they joined. Further, there is no document with respect to her seniority among other teachers. More over, the representation is un-dated, and there is no acknowledgment in the document Annexure P5. Therefore, in absence of any sufficient document, it is very difficult for this Court to consider that there is any irregularity committed by the authority while declaring the petitioner as surplus teacher at Primary School Junapani. 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, Wps 7522 of 2025 4 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 padma