1 2025:CGHC:35059 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7580 of 2025 1 - Reetu Raj Sen S/o Mr. Ramashankar Sen Aged About 35 Years Post Teacher Local Body, Posted At Govt. Upper Primary School, Ghumsimunda, Block Antagarh, Distt. Uttar Baster Kanker C.G. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, Distt. Raipur C.G 2 - Director Public Instruction, Mantralaya, Naya Raipur, Distt. Raipur 3 - The Collector And President District Rationalization Committee Distt. Uttar Baster Kanker C.G. 4 - District Education Officer Distt. Uttar Baster Kanker C.G 5 - District Education Officer And Secretary District Level Rationalization Committee Distt. Uttar Baster Kanker C.G 6 - Joint Director Education, Division Baster Jagdalpur Distt. Baster C.G ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Parag Kotecha, Advocate For Respondent(s)/State : Mr. S.P. Kale, Additional A.G. Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 22/07/2025 1. The petitioner has filed the present writ petition against the impugned transfer order dated 19.06.2025 (Annexure P/1), whereby the VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.24 12:09:59 +0530 2 petitioner, who is a Teacher (LB-Maths) has been transferred from Middle School, Ghumsimunda, Block Antagarh, District North Bastar, Kanker to Boys Middle School, Dhondara, Block Konta, District Sukma under the Rationalization Instructions dated 02.08.2024 and he prayed the following reliefs in the writ petition:- “In view of the above fact and grounds. mention above, the petitioner prays that the Hon'ble Court may kindly be please to:- 1) issue a writ in the nature of Certiorari or like writ by quashing/setting aside the impugns order dated 19/6/25 issued by respondent. 2 issue a writ in the nature of Mandamus or like writ by directing the respondents to permit the petitioner to work at the present place only i.e. before declaring and passing an order of Surplus under the Rationalization policy. 3) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel for the petitioner would submit that earlier the petitioner had filed WPS No. 6777 of 2025, which has been dismissed as withdrawn on 01.07.2025 with liberty to file duly constituted writ petition, and thereafter, the present writ petition has been filed. The petitioner is posted as Teacher (LB-Maths) at Middle School, Ghumsimunda, Block Antagarh and has been transferred on 19.06.2025 to Boys High School, Dhondara, Block Konta. Under the Rationalization Instructions dated 02.08.2024, the petitioner was declared as surplus and he has been transferred. The petitioner was not provided any sufficient opportunity to opt school at the time of counseling and the provisions of Rationalization Instructions have not 3 been followed and the petitioner has arbitrarily transferred to Boys Middle School, Dhondara, therefore, the impugned transfer order may be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, would submit that the petitioner was posted as Teacher (LB-Maths) at Middle School, Ghumsimunda and under the strict compliance of Rationalization Instructions, he was transferred to Boys Middle School, Dhondara. Under the strict compliance of Rationalization Instructions, the petitioner has been declared surplus and has been transferred. The petitioner has not approached the authorities concerned raising his transfer order, therefore, there is no infirmity in the impugned transfer order and the petition is liable to be dismissed. 4. I have heard learned counsel for parties and perused the material annexed with the petition. 5. The petitioner, who is a Teacher (LB-Maths) was posted at Middle School, Ghumsimunda and has been transferred to Boys Middle School, Dhondara against the Rationalization Instructions dated 02.08.2024. It transpires from the transfer order dated 19.06.2025 that since there was no vacant post remained in the District Level, the petitioner was posted at another district at the Divisional Level. The petitioner could not demonstrate any palpable infirmity or mala fide on the part of the authorities concerned, which makes him entitled for the reliefs claimed. The ground raised by the petitioner that without 4 providing any opportunity in counseling to opt the school, would not be sufficient to quash the transfer order dated 19.06.2025. 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, 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 ved