1 2025:CGHC:36711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8360 of 2025 1 - Jai Narayan Sahu S/o Shri Dileshwar Prasad Sahu Aged About 45 Years R/o Azad Chowk, Ward No. 12, Dipka, Korba C.G. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Its Principal Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh. 2 - The Director, Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Raipur Chhattisgarh. 3 - The Collector, Korba, District Korba Chhattisgarh. 4 - The District Education Officer, Korba, District Korba Chhattisgarh. 5 - The Principal, Government Higher Secondary School, Jamnipali, Block Katghora, District Korba Chhattisgarh. 6 - Smt. Leena Rathore, Teacher, Government Higher Secondary School, Jamnipali, Block Katghora, District Korba Chhattisgarh. ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Ashutosh Trivedi, Advocate For Respondent(s)/State : Mr. Sabyasachi Choubey, Advocate Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 28/07/2025 1. The petitioner has filed the present writ petition claiming the following VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.08.23 13:21:44 +0530 2 reliefs:- “a) That, the Hon'ble court may be kind enough to issue a writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents to treat the petitioner as not excess in the institution, In the ends of justice. b) That, the Hon'ble court may be kind enough to quash the posting order of the respondent no 06 by the virtue of the order dated 30/009.2022 as being void-ab-initio, in the ends of justice. c) That, the Hon'ble court may be kind enough to direct the respondents to decide the representation dated 23.06.2025 preferred by the petitioner with respect to not considering him as excess in the school/institution, in the ends of justice. d) That, the Hon'ble court may kindly issue a writ of Mandamus or any other appropriate writ, order or direction, directing the Respondents to ensure that the Petitioner's salary is regularly drawn from Government Higher Secondary School, Jamnipali, District Korba. e) Any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that, the petitioner is a Lecturer (Physics) and was posted at Govt. Higher Secondary School, Jamnipali, Block Katghora. He joined there at Jamnipali school on 13.10.2022. The respondent No.6 came to Jamnipali school on mutual transfer with one Mr. Bhagwat Prasad Patel, who was the Lecturer (Physics) in the school. He would also submit that Mr. Bhagwat Prasad Patel has already resigned from the post and the respondent No.6 cannot be considered to be there on mutual transfer with him. The incorrect and non-existent mutual transfer the petitioner has filed a writ 3 petition before this Court bearing WPS No. 5067 of 2025, which was disposed of vide order dated 19.06.2025 directing the petitioner to move his fresh representation before the Collector, Korba who shall decide the same within the stipulated period. The representation of the petitioner dated 23.06.2025 is still pending and the respondent No.4 issued an order on 16.07.2025 directing the petitioner to appear in the counseling scheduled to be held on 17.07.2025. Despite pending the representation of the petitioner, he has been posted after declaring him surplus and therefore, he filed the writ petition challenging the order of declaring him surplus and posting of the respondent No.6 as mutual transfer with Mr. Bhagwat Prasad Patel is void ab initio. The rationalization of the petitioner and his posting is against the Rationalization Instructions dated 02.08.2024 and the same is liable to be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, opposed and would submit that, vide order dated 17.07.2025, the petitioner was posted at Govt. Higher Secondary School, Korbi (Chotiya), Block Podi-Uproda and he has not challenged his order of posting dated 17.07.2025. The order dated 17.07.2025 was communicated to the petitioner through WhatsApp in his mobile number on 21.07.2025. The representation of the petitioner dated 23.06.2025, which was made in compliance of the order dated 19.06.2025, passed in WPS No. 5067 of 2025 has been decided on 23.07.2025 and his representation is rejected. He would also submit that the respondent No.6 was joined at Jamnipali school on 12.10.2022 as after resigning of Mr. Bhagwat Prasad Patel on 4 06.06.2022, the post of Lecturer (Physics) was vacant at Jamnipali school. The petitioner had joined at Jamnipali school on 13.10.2022 and thereby, from the date of their respective joining in the school, the petitioner has been declared surplus and has been posted to Govt. Higher Secondary School, Korbi (Chotiya). There is no illegality or infirmity in the posting order of the petitioner under the rationalization and the writ petition is liable to be dismissed. 4. I have heard learned counsel for parties and perused the material available in the petition. 5. The petitioner has challenged his declaration as surplus on the ground that the respondent No.6 has been posted in the school showing the mutual transfer with Mr. Bhagwat Prasad Patel, whereas he was already resigned on 06.06.2022. From the order dated 23.07.2025, passed by the Collector, Korba, it transpires that he respondent No.6 had joined in the school on 12.10.2022 in compliance of the order dated 30.09.2022 and prior to that Mr. Bhagwat Prasad Patel has already resigned and post of Lecturer (Physics) was vacant in the school. By the same order dated 30.09.2022, the petitioner was also transferred to Jamnipali school and he has joined in the school on 13.10.2022 and thus, the petitioner is junior to the respondent No.6 and has been declared surplus under the Rationalization Instructions dated 02.08.2024. The representation of the petitioner dated 23.06.2025 made in compliance of the order dated 19.06.2025, passed in WPS No. 5067 of 2025 is rejected on 23.07.2025. the petitioner could not demonstrate any palpable infirmity or arbitrariness in declaring him surplus at Jamnipali school. Further, the petitioner has 5 not challenged his order of posting dated 17.07.2025. 6. Even otherwise, Rationalization Instructions are mere guidelines. It may not supplement the general powers of the employer provided under the statutory service rules, i.e. to post a person at a place in the public interest and in administrative exigency. 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 is made out. Accordingly, the writ petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved