Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37678
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7701 of 2023 Madhav Ram Kashyap S/o Ram Narayan Kashyap Aged About 34 Years Occupation Assistant Teacher Lb, Posted At Government Primary School, Akhrapali, Block Division Korba, District Korba (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Education Department, Indravati Bhavan, New Raipur, District Raipur (C.G.) 2 - Deputy Director And Member Secretary Departmental Coordination Committee Directorate Of Public Instruction, First Floor, C Block, Indravati Bhavan, Naya Raipur Atal Nagar, Raipur (C.G.) 3 - Collector Korba, District Korba (C.G.) 4 - District Education Officer Korba, District Korba (C.G.) 5 - Block Education Officer Korba, District Korba (C.G.)
... Respondents (Cause-title taken from Case Information System) For Petitioner : None For State/Respondents : Mr. Abhishek Singh, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge
Order on Board 31.07.2025 1 The petitioner has filed this petition with the following relief(s):-
“10.1 That, this Hon'ble Court may kindly be pleased to allow the petition and quash the YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.08.02 16:51:43 +0530
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order of transfer dated 10.09.2022 and 20.09.2023 Annexure P/1 & P/2 which relates to the petitioner. 10.2 Any other relief, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.” 2 Perusal of the pleadings shows that the petitioner was initially posted at Government Primary School, Akhrapali, Block Korba, based on the spouse accommodation policy, as his wife is serving at Government Primary School, Sitamani. The petitioner came on transfer from Bastar Division in accordance with the guidelines providing for posting of spouses at the same or nearby station. It further reveals that the petitioner’s subsequent transfer to Government Primary School, Dhengundih Gurma, was carried out ostensibly on the ground that Akhrapali had excess teachers and that Dhengundih Gurma was a single-teacher school (Ekal Shikshakiya). However, the actual position, as emerging from the record, is that Akhrapali has 96 students and only one assistant teacher apart from the Head Master, whereas Dhengundih Gurma has only 22 students and is no longer a single-teacher school following the return of respondent No.5, who is now posted there as Head Master. 3 Perusal of the impugned orders further indicates that the petitioner’s transfer was not in public interest but rather to accommodate respondent No.5, who had sought transfer on his own request and expense. The corrigendum issued thereafter,
3 altering the petitioner’s place of posting, amounts to a fresh transfer order passed in deviation from the settled selection and placement process concluded prior to 10.09.2022. The petitioner’s representations were not considered in the proper perspective and were rejected by a non-speaking order dated 20.09.2023, without appreciating the facts and policy violations raised therein. 4 Learned State counsel submits that in the present case, no interim order has been granted in favour of the petitioner. 5 Since no interim relief or stay was granted in favour of the petitioner during the pendency of the writ petition, it appears that the petitioner has either joined at the transferred place of posting or some subsequent order has been passed by the competent authority in respect of his posting. In absence of any challenge to such subsequent developments or a prayer for appropriate relief in that regard, the petition does not survive for consideration. 6 Considering the aforesaid aspects of the matter, this Court finds no reason to keep the petition pending.
Accordingly, the writ petition is dismissed as infructuous. Sd/-
(Amitendra Kishore Prasad)
Judge Yogesh