1 2025:CGHC:38510 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7672 of 2025 1 - Smt. Padma Shukla W/o Shriram Shukla, Aged About 54 Years Working In The Post Of Lecturer (Political Science), R/o New Basti, Darripara, Ambikapur, District Surguja Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat Mahanadi Bhawan Atal Nagar Nava Raipur District Raipur Chhattisgarh 2 - Joint Director, Surguja Education Division, Ambikapur, District Surguja Chhattisgarh 3 - Collector, Surguja / Chairman Of District Level Rationalization Committee District Surgujga Chhattisgarh 4 - District Education Officer, Ambikapur District Surguja Chhattisgarh 5 - District Education Officer, Surajpur District Surajpur Chhattisgarh 6 - Principal, Government Boys Higher Secondary School, Odagi, District Surajpur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. A. N. Pandey, Advocate. For Respondent(s) : Mr. Keshav Gupta, Govt. Advocate. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.08.05 11:30:07 +0530 2 Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 04/08/2025 1. The petitioner has challenged the posting order dated 05.06.2025 whereby he has been posted from Govt. Higher Secondary School, Katkalo Block Ambikapur to Govt. Boys Higher Secondary School, Odagi, Block Odagi under the rationalization instructions dated 02.08.2024. 2. Learned counsel for the petitioner would submit that in compliance of the order dated 05.06.2025 the petitioner has jointed at Govt. Boys Higher Secondary School, Odagi on 11.06.2025 but there is two lecturers posted in political science subject whereas only one lecturer is required in the school. Thus, she would be declared as surplus there also. Therefore, the impugned order of her posting (Annexure P/3) is liable to be quashed. 3. On the other hand, learned counsel appearing for the respondent/State on instructions would submit that there are three sanctioned posts in Govt. Boys Secondary School, Odagi, for lecturer political science/history out of which two lecturers of political science including the petitioner is working and the petitioner had joined on 11.06.2025 in the school. One post of lecturer political science/history is still vacant in the Odagi School. He would further submits that the posting of the petitioner is based on the number of students at Odagi, School, therefore, the petitioner has no ground to challenge her order of posting particularly when she has already joined there. Therefore, no 3 relief can be granted to the petitioner in the petition and the writ petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material annexed with the petition. 5. From perusal of the document annexure P/5 which has been annexed with the petition there are three sanctioned posts at Govt. Boys Secondary School, Odagi, Block Odagi for a lecturer political science/history and as per this document two lecturers of political science are already posted and one of them is the petitioner who had already jointed there at Odagi School, on 11.06.2025 in compliance of her posting order dated 05.06.2025. 6. Clause 7-C (1) of the rationalization instructions stated that the posting of the lecturers is on the basis of number of students in the school and 7-C (1) is reproduced is herein below: “1. हाई/हायर सेके ण्डर स्के ल में जहा दज सेख्य बहुत केमें हा, और वहा एके हा विवषय के द! व्याख्यत केयरत हा (प्रवित व्याख्यत अध्यपन 04 केलखण्ड से केमें), त! उनमें से केविनष्ठतमें अवितशेष हा!गा।" 7. The could not demonstrate as to how much students are there in the school and what is the strength of teachers and students in the Odagi, School and it is only claim of the petitioner that there are two lecturers of political science in the Odagi, School and as per the rationalization instructions only one lecturer should be posted there in the school which is not corroborated by the Clause 7-C 1 of the rationalization instruction dated 02.08.2024. 8. 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 4 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. 9. 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 Alok