1 2025:CGHC:35245 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8273 of 2025 1 - Santosh Kumar Bharti S/o Late Shri S.D. Ram Aged About 51 Years Lecturer (L B), Incharge Principal, Government Higher Secondary School Bojha, Distt. Surajpur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Atal Nagar, Mantralaya, Naya Raipur, Distt. Raipur C.G. 2 - Collector Cum President, District Level Committee, Rationalization Committee, Surajpur Distt. Surajpur C.G. 3 - District Education Officer, Surajpur Distt. Surajpur C.G. 4 - Block Education Officer, Pratappur, Distt. Surajpur C.G. ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Vijay Kumar Sahu, Advocate For Respondent(s)/State : Mr. Arvind Dubey, Govt. Advocate 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 27.06.2025 (Annexure P/1) and transfer order VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.24 12:19:17 +0530 2 dated 02.06.2025 (Annexure P/2), whereby the petitioner, who is the Lecturer (LB) has been transferred from High School, Manpur, Block Pratappur to High School, Dhummadand, Block Pratappur under the Rationalization Instructions dated 02.08.2024 and he prayed the following reliefs in the writ petition:- “10.1 That, the Hon'ble Court may kindly be pleased to call for the records from the respondent authorities for kind perusal. 10.2 That, the Hon'ble Court may further be pleased to issue appropriate writ or direction, quashing the order dated 27.06.2025 issued by the respondent no. 3 and respondent no.3 may be directed to delete the name of the petitioner from the list of Surplus Teacher. 10.3 That, the Hon'ble Court may further be pleased to issue appropriate writ or direction, directing the respondents to take decision of pending representation of the petitioner and till then the petitioner may be allowed to work at present place of posting i.e Government Higher Secondary School Bojha (C.G.) 10.4 Any other relief which this Hon'ble Court may deems fit and proper looking to the facts and circumstances of the case may also be awarded to the petitioner including the cost and expenses of this petition. An affidavit in support of this petition is filed herewith.” 2. Learned counsel for the petitioner would submit that the petitioner is posted Govt. Higher Secondary School, Bojha, Block Pratappur and was transferred on 04.06.2025 to High School, Manpur, Block Pratappur for Social Science subject. Under the Rationalization Instructions dated 02.08.2024, the petitioner was declared as surplus 3 and he has been transferred. When the petitioner had gone there at Govt. High School, Manpur, Block Pratappur, there was no post available for Lecturer, Social Science subject. The petitioner made his representation on 09.06.2025 to the respondent No.2 and informed that due to non-availability of the post of Lecturer (Social Science), his joining is not accepted at High School, Manpur, and therefore, he may be permitted to continue at Higher Secondary School, Bojha. Thereafter, on 27.06.2025, another transfer order (Annexure P/1) has been issued by which the petitioner, who is the Lecturer (LB) has been transferred from High School, Manpur, Block Pratappur to High School, Dhummadand, Block Pratappur for Geography subject. Before passing the transfer order dated 27.06.2025, the petitioner was not provided any opportunity to opt the schools, which were available under the Rationalization process. Without giving any opportunity to opt schools in counseling and without holding the counseling, the transfer of the petitioner is against the Rationalization Instructions and the same 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 as Lecturer (LB), at Govt. Higher Secondary School, Bojha and under the strict compliance of Rationalization Instructions, he was earlier transferred to High School, Manpur for Social Science subject and in absence of the post of Lecturer (Social Science), his place for posting has been considered by the authorities and another order has been issued on 27.06.2025, by which he has been transferred to High School, 4 Dhummadand for Geography subject. Social Science and Geography are in the same pool of subject. He would also submit that vide letter dated 20.06.2025 (Annexure P/5), it has been informed to the petitioner that at the time of open counseling, he opted for High School, Manpur, where no post of Lecturer (Geography) was available, and therefore, that transfer order is cancelled and he would be posted against vacant post at another school under the Rationalization process. The letter dated 20.06.2025 is issued after approval of District Level Rationalization Committee and thereafter, the petitioner has been transferred to High School, Dhummadand. Though the petitioner has made his representation on 10/11.07.2025, but there is no substantial ground raised in his representation, and therefore, his transfer order dated 27.06.2025 cannot be quashed. 4. I have heard learned counsel for parties and perused the material available in the petition. 5. The petitioner, who is a Lecturer (LB) was posted at Govt. Higher Secondary School, Bojha and earlier transferred to High School, Manpur on his own choice. Since there was no post of Lecturer (Social Science) at High School, Manpur, he could not be given joining there and thereafter vide order dated 27.06.2025, he has been transferred to High School, Dhummadand in the same Block Pratappur. Before passing the order dated 27.06.2025, he was informed vide letter dated 20.06.2025 that the school, which has been chosen by him, is not having any vacant post of Lecturer (Geography), therefore, his earlier transfer order was cancelled and he may be posted at any other 5 school under the Rationalization Instructions having vacant post. The said letter dated 20.06.2025 is issued after approval of the District Level Rationalization Committee, and thus, it cannot be said that the petitioner was not informed or he was not provided sufficient opportunity before passing the order dated 27.06.2025. From the material annexed with the petition, the petitioner could not demonstrate any palpable infirmity or arbitrariness in transferring the petitioner. The ground raised by the petitioner that without providing any opportunity or without holding any further counseling to opt the school, would not be sufficient to quash the transfer order dated 27.06.2025. Further, the petitioner has been posted in the same block i.e. Pratappur and no prejudice appears to be caused to the petitioner by the said transfer order. Though, the representation of the petitioner dated 10/11.07.2025 is pending before the authorities, it is for the authorities concerned to take an independent decision on the representation of the petitioner in accordance with law. 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 6 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