1 2025:CGHC:35141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7972 of 2023 Archana Dansena W/o Gopal Prasad Jaiswal Aged About 36 Years Presently Posted At Lecturer (Geography) Govt. Higher Sec. School Trimurti Nagar, Raipur District Raipur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary School Education Department, Mantralaya, 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 Raipur District Raipur (C.G.) 4 - District Education Officer Raipur District Raipur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Zainab Vanak, Advocate on behalf of Mr. Mateen Siddiqui, Advocate For Respondents/State : Ms. M. Asha, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 22.07.2025 1. Heard Ms. Zainab Vanak, learned counsel on behalf of Mr. Mateen Siddiqui, learned counsel for the petitioner. Also heard Ms. M. Asha, learned Panel Lawyer, appearing for the State/respondents. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.07.26 11:26:50 +0530 2 2. The petitioner has filed this petition with the following relief(s):- “10.1 That this Hon'ble Court may kindly be pleased to set-aside/quash the impugned order Dated 21.07.2023 (P/1) issued by District Education Officer Raipur. 10.2 To kindly grant any other writ/writs, order/orders, relief/reliefs in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 3. Brief facts of the case, are that the petitioner is serving as a Lecturer (Geography) in the School Education Department, Government of Chhattisgarh. Initially, the petitioner was posted at Government Higher Secondary School, Malkharoda, District Janjgir-Champa. Vide order dated 09.01.2022 issued by the Under Secretary, School Education Department, the petitioner was transferred from Government Higher Secondary School, Malkharoda to Government Higher Secondary School, Amlidih, Block Dharsiwa, District Raipur. Subsequently, vide order dated 30.09.2022, the petitioner was further transferred from Government Higher Secondary School, Amlidih to Government Higher Secondary School, Trimurti Nagar, Raipur. 4. It is further case of the petitioner that at Government Higher Secondary School, Trimurti Nagar, one Smt. Chitra Dubey (Lecturer, Geography) was already posted. In view of this, the 3 petitioner submitted a representation to the Committee of Senior Secretary, GAD, Raipur seeking cancellation of the said transfer order, but no action was taken. The petitioner also brought this fact to the notice of the Principal, Government Higher Secondary School, Trimurti Nagar, through an application dated 13.10.2022, wherein it was acknowledged that another Geography lecturer was already posted there. Despite this, the petitioner joined her duties on 04.11.2022 at the said school and has been working diligently and sincerely ever since. There is no complaint whatsoever against the petitioner. She was also granted 90 days' Child Care Leave on 30.06.2023. However, vide impugned order dated 21.07.2023 issued by the District Education Officer, Raipur, the petitioner’s services have been attached/transferred from Government Higher Secondary School, Trimurti Nagar to Adwani Arlikan Government English Medium Excellent School, Birgaon, Raipur, on the pretext of being assigned for teaching duties ( अध्यापन काय के लिए). The impugned order, though termed as a teaching assignment, is in effect an illegal attachment, which is expressly prohibited under the Government's Transfer Policies and Circulars. Such action is in clear violation of the Circular dated 04.06.2001 issued by the General Administration Department (GAD), Chhattisgarh, which categorically prohibits attachments and warns of disciplinary action against officers issuing such orders. Further, the Transfer Policy dated 12.08.2022 for the year 2022 stipulated the transfer period from 10.09.2022 to 4 30.09.2022. No transfers are permitted outside this window without proper approval, and the District Education Officer had no authority to pass the impugned order during the ban period. The petitioner relies upon directions issued by the Under Secretary, School Education Department vide orders dated 07.02.2022 and 22.02.2022, directing an end to all attachments and instructing DEOs to release teachers to their parent schools. Hence, the present petition is being filed challenging the illegal and arbitrary order dated 21.07.2023, seeking reinstatement of the petitioner to her original place of posting. 5. Learned counsel for the petitioner submits that the petitioner is a duly appointed Lecturer (Geography) under the School Education Department, Government of Chhattisgarh, and has been performing her duties sincerely and diligently without any blemish on her service record. The petitioner was earlier posted at Government Higher Secondary School, Malkharoda, District Janjgir-Champa and was transferred to Government Higher Secondary School, Amlidih, Block Dharsiwa, Raipur vide order dated 09.01.2022. Thereafter, vide order dated 30.09.2022, the petitioner was further transferred to Government Higher Secondary School, Trimurti Nagar, Raipur. It is submitted that at the transferred place (Trimurti Nagar, Raipur), another Lecturer in Geography, Smt. Chitra Dubey, was already posted. The petitioner, therefore, submitted a representation before the Committee of Senior Secretary, GAD, Raipur, seeking 5 cancellation of the transfer order. However, no action was taken. Further, on 13.10.2022, the Principal also recorded that Smt. Chitra Dubey was already holding the post of Lecturer (Geography) in the said school. Despite the above, the petitioner joined her duties at Government Higher Secondary School, Trimurti Nagar on 04.11.2022, and has been performing her duties with utmost sincerity and dedication. There is no complaint whatsoever against her. Further, the petitioner was sanctioned 90 days' Child Care Leave by the competent authority on 30.06.2023. However, vide impugned order dated 21.07.2023, the District Education Officer, Raipur, has arbitrarily and illegally issued an order attaching/transferring the services of the petitioner to Adwani Atmanand Government English Medium Excellent School, Birgaon, Raipur, under the garb of assigning her for "teaching duties" ( अध्यापन काय के लिए आदेशित किकया जाता है). It is respectfully submitted that the impugned order is nothing but an attachment order in disguise, which is expressly prohibited by the Government Circular dated 04.06.2001 issued by the General Administration Department, Government of Chhattisgarh. The said circular clearly mandates that no attachments shall be made, and any such attachment shall be treated as illegal and liable to cancellation. It is further submitted that the transfer policy dated 12.08.2022, applicable for the year 2022, clearly specified that transfers could only be effected between 10.09.2022 to 30.09.2022, and only through a duly approved process. 6 Therefore, the District Education Officer had no authority or competence to pass the impugned order during the ban period without following the prescribed procedure. Learned counsel submits that the petitioner is a Government Lecturer and her services cannot be sent on deputation or attachment to Atmanand School without her consent, particularly when the same is contrary to Government Policy and existing circulars. It is submitted that the impugned action of the respondents is arbitrary, contrary to established policy, without jurisdiction, and in clear violation of Articles 14 and 16 of the Constitution of India. The impugned order, therefore, deserves to be set aside. In view of the above submissions, it is prayed that this Court may quash the impugned order dated 21.07.2023 and further direct the respondents to allow the petitioner to continue at Government Higher Secondary School, Trimurti Nagar, Raipur, where she is already duly posted. 6. On the other hand, learned State counsel opposes the submissions advanced by learned counsel for the petitioner and submits that the petitioner, who is serving as Lecturer (Geography), was transferred/attached from Government Higher Secondary School, Trimurti Nagar, Raipur to Adwani Atmanand Government English Medium Excellent School, Birgaon, vide order dated 21.07.2023 (Annexure P-1) issued by the District Education Officer, Raipur (Chhattisgarh), as part of a routine administrative exercise to ensure placement of surplus teachers in 7 schools where there was a shortage of staff. It is submitted that immediately after the issuance of the said order, the petitioner went on Child Care Leave for a period of three months from 01.07.2023 to 28.09.2023. Thereafter, she further availed medical leave for fourteen days from 29.09.2023 to 12.10.2023 on account of ill-health. In the meanwhile, the District Education Officer, Raipur (C.G.), vide subsequent order dated 06.09.2023 (Annexure R-2), cancelled the previous attachment order (Annexure P-1) as part of a policy decision to end such temporary attachments and directed all attached teachers to report back to their parent institutions. Accordingly, the petitioner resumed her duties at Government Higher Secondary School, Trimurti Nagar, Raipur on 13.10.2023, as evidenced by her joining report (Annexure R-1). In light of these developments, it is submitted that the petitioner's grievance no longer survives, as she is presently serving at her original place of posting, namely Government Higher Secondary School, Trimurti Nagar, Raipur, where she was posted prior to the impugned attachment. The action of the authorities has been fully rectified and stands withdrawn by the cancellation order dated 06.09.2023, and thus, the petitioner has been restored to her previous position. Hence, the present writ petition has become infructuous and no further relief survives for consideration. 7. I have heard learned counsel for the parties and perused the documents annexed with the writ petition. 8 8. Upon hearing the learned counsel for the petitioner as well as the learned State counsel and upon perusal of the pleadings and documents placed on record, it is evident that the primary grievance raised by the petitioner in the present writ petition pertained to the impugned attachment/transfer order dated 21.07.2023, whereby the petitioner was directed to perform teaching duties at Adwani Atmanand Government English Medium Excellent School, Birgaon, Raipur. 9. However, during the course of proceedings, the learned State counsel has submitted that the said attachment order has already been cancelled vide subsequent order dated 06.09.2023, issued by the District Education Officer, Raipur. It is further submitted that the petitioner has since resumed her duties at her parent institution, i.e., Government Higher Secondary School, Trimurti Nagar, Raipur, on 13.10.2023, and is presently continuing to discharge her duties at the said place of posting. Copies of the cancellation order and the petitioner’s joining report have been placed on record as Annexures R-2 and R-1, respectively. 10. In view of the aforesaid factual developments, learned counsel for the petitioner has fairly submitted that the petitioner’s grievance stands redressed, and no further adjudication of the matter is required. The learned counsel prays that the present writ petition be disposed of in light of the submissions made by the State and the relief having been granted through administrative action. 9 11. Considering the facts and circumstances of the case, and the subsequent action taken by the respondents, whereby the impugned attachment order has duly been cancelled and the petitioner has been reinstated to her original place of posting, no cause of action survives for adjudication in the present petition. Accordingly, this Court is of the considered view that no further orders are necessary in the matter. 12. Accordingly, the writ petition is disposed of as having rendered infructuous in light of the subsequent developments and the cancellation of the impugned attachment order. No order as to costs. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh