1 2025:CGHC:35923 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8419 of 2025 1 - Ramraj Yadav S/o Shri Ramroop Yadav Aged About 43 Years R/o Village/ Post - Khadganwa Kala, Pratappur Road, District - Surajpur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Naya Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Divisional Joint Director Education Division - Ambikapur, District - Surguja (C.G.) 4 - Collector Surajpur, District - Surajpur (C.G.) 5 - District Education Officer-Cum-Secretary District Yuktiyuktikaran Samiti, District - Surajpur (C.G.) 6 - Block Education Officer Block - Premnagar, District - Surajpur (C.G.) 7 - Principal Government Higher Secondary School Kalyanpur, Block - Surajpur, District - Surajpur (C.G.) 8 - Principal Sages Hindi Medium H.S.S. Umeshwarpur, District - Surajpur (C.G.) ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Aditya Kumar Mishra, Advocate For Respondent(s)/State : Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.09.01 18:16:50 +0530 2 24/07/2025 1. The petitioner has filed the present writ petition against the impugned order dated 04.06.2025 (Annexure P/1), whereby the petitioner has been posted at Govt. Higher Secondary School, Umeshwarpur, Block Premnagar under the Rationalization Instructions and prayed for following reliefs in the writ petition:- “In view of the facts and circumstances stated hereinabove, the petitioner most respectfully prays that this Hon'ble Court may kindly be pleased to: 10.1. Issue an appropriate writ, order or direction, quashing and setting aside the order dated 04.06.2025 issued by the District Education Officer-cum-Secretary, District Yuktiyuktikaran Samiti, whereby the petitioner has been posted to Government Higher Secondary School, Umeshwarpur, Block Premnagar, District Surajpur, Chhattisgarh, which is a Swami Atmanand Excellence School, in violation of the established policies and without his consent; 10.2. Quash and set aside the relieving order dated 09.06.2025 (Annexure P-2), issued in furtherance of the impugned transfer order dated 04.06.2025, as the same is illegal, arbitrary, and passed without following due process; 10.3. Declare that the action of the respondents in deputing the petitioner to Swami Atmanand Excellence School without obtaining his prior consent is illegal, arbitrary, and contrary to the circulars/orders issued by the State Government; 10.4. Direct the respondents to allow the petitioner to resume and continue his duties at his previous place of posting. i.e., Government 3 Higher Secondary School, Kalyanpur, Block Surajpur, District Surajpur, Chhattisgarh, with all consequential benefits; 10.5. Direct the respondents to consider the petitioner for posting in a regular government school under the School Education Department, in accordance with the prevailing rationalisation policy and service norms; 10.6. Pass such other or further order(s) as may be deemed just and proper in the interest of justice and equity.” 2. Learned counsel for the petitioner would submit that, the petitioner was initially appointed on the post of Shiksha Karmi Grade-II and his services have been regularized vide order dated 14.10.2005. On 23.12.2015, the petitioner was promoted to the post of Lecturer (Panchayat)/Hindi and was posted at Govt. Higher Secondary School, Kalyanpur, Block Surajpur. Subsequently, his services were absorbed into the School Education Department under the policy of the State Government. On 04.06.2025, the petitioner was declared as surplus at Govt. Higher Secondary School, Kalyanpur and he is posted at Govt. Higher Secondary School, Umeshwarpur, Block Premnagar. In compliance of the order dated 04.06.2025, he was relieved from there and joined at Govt. Higher Secondary School, Umeshwarpur on 09.06.2025. After joining of the petitioner in the school, he came to know that the Govt. Higher Secondary School, Umeshwarpur is converted into Swami Atmanand Excellence Hindi Medium School and as per the policy of the State Government, the employees cannot be deputed at Swami Atmanand Excellence Hindi Medium School without their prior consent, thereafter, the petitioner moved his representation 4 on 16.07.2025 to the respondent No.3 and claimed for his posting to any other place, but till date his representation has not been considered. The posting of the petitioner is in violation of the order issued by the State Government dated 06.07.2023. The order of posting of the petitioner in fact is a deputation. He would also submit that the Rationalization Instructions dated 02.08.2024 excluded Swami Atmanand School for rationalization, yet the petitioner has been posted there at Swami Atmanand School without his consent. He would rely upon the order dated 30.11.2023, passed by Hon’ble Division Bench of this Court in WA No. 479 of 2023, whereby the Hon’ble Division Bench has held that the employees cannot be posted at Swami Atmanand Schools without their consent and thus the impugned order of posting of the petitioner is liable to be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, opposed and would submit that, under the Rationalization Instructions dated 02.08.2024, the schools were exempted for their rationalization, but there is no restriction to rationalize the employees of the schools. The petitioner has already joined at Govt. Higher Secondary School, Umeshwarpur, which amounts to his deemed consent and he joined on 09.06.2025, whereas he met his representation on 16.07.2025 i.e. after about more than one month of his joining, which clearly demonstrate his consent to be posted there. Although in WA No. 479 of 2023, it has been held that the lecturers cannot be posted/deputed at Swami Atmanand Schools without their consent, but in the present case, the petitioner has already joined there at Govt. Higher Secondary School, Umeshwarpur. The posting of 5 the petitioner is on administrative exigency and is on the public interest, and therefore, the petitioner cannot claim to remain posted at a particular place and his 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 the impugned order dated 04.06.2025, whereby he has been posted at Govt. Higher Secondary School, Umeshwarpur, where he joined on 09.06.2025. By the order dated 06.07.2023 (Annexure P/11), it transpires that the Govt. Higher Secondary School, Umeshwarpur is converted into Swami Atmanand Excellence Hindi Medium School and it has been find place at serial No. 302 of the list of the schools. The employees of the said Swami Atmanand Schools are to be posted on deputation from the School Education Department. The petitioner was posted at Govt. Higher Secondary School, Umeshwarpur and he has joined there on 09.06.2025 without there being any objection. Further, he has made representation to the respondent No.3 on 16.07.2025, which is more than after a month. The petitioner could not dispute that he was surplus at Govt. Higher Secondary School, Kalyanpur. 6. In the matter of “U.P. Singh vs. Punjab National Bank” reported in 2023 INSC 1077, in para 10 the Hon’ble Supreme Court has held that: “10. A person aggrieved by the order of transfer cannot sit at home and decide on his own that the order is illegal or erroneous and he will not comply with the same. If the workman had any grievance, he could have availed of his remedy available against the same; otherwise, he was duty-bound to 6 comply with the same. Failure to avail of any remedy also would mean that he had accepted the order and was duty-bound to comply with the same. At a later stage, he could 4 not take a plea that the order being erroneous, no consequence would follow for its non-compliance.” 7. The Hon’ble Division Bench of this Court in the matter of “Tarun Kanungo vs. State of Chhattisgarh & others” order dated 15.05.2015 passed in WA No. 248/2015 has held in para 3 that: “The question for cancellation of an order not in existence does not arise. The only option available to the authorities was to issue any fresh orders. We may appropriately refer to two Bench decisions in 2000 (2) PLJR 332 (Smt. Jyotsna Kumari v. The State of Bihar) and 2000 (3) PLJR 139 (Mahmood Azam Siddique v. The State of Bihar) observing as follows: "12. Now it is a settled law that once an order of transfer issued and acted upon, it is spent its force. Thereafter, no substantive part remains to be stayed or rescinded and any order to that effect is redundant.” 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 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. 9. Since, the petitioner has already made his representation to the respondent No.3, he is at liberty to pursue his representation which has been made by him on 16.07.2025 by filing his fresh representation, and in such eventuality, the respondent No.3 shall decide the representation in accordance with law as early as possible. 7 10. Reserving the aforesaid liberty in favour of the petitioner, the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved