1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9095 of 2025 1 - Shalen Kujur W/o Hemant Kujur, Aged About 36 Years Currently Holding The Post Of Assistant Teacher (Lb), R/o Chiknipari, Pathalgaon, Distt. Jashpur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhavan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh 2 - Directorate Of Public Instructions Through Director, Indravati Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh 3 - District Education Officer Jashpur, District Jashpur, Chhattisgarh 4 - Government Primary School Through Head Master, Ludang, Tendupara, Development Block Pathalgaon, District Jashpur, Chhattisgarh 5 - Block Education Officer Development Block Pathalgaon, District Jashpur, Chhattisgarh 6 - Collector Jashpur, District Jashpur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Pankaj Singh, Advocate. For Respondent(s) : Mr. Arvind Dubey, Govt. Advocate and Mr. S. Choubey, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 07/08/2025 1. The present writ petition has been filed by the petitioner with the following reliefs: “a. To quash/set aside the order of posting dated 04.06.2025 (Annexure P/1) as also the order of ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.08.08 20:00:58 +0530 2 relieving dated 09.06.2025 (Annexure P/2), issued by the Respondent State in respect of the Petitioner and all consequences arising thereof and related thereto; b. To direct the Respondent State to reinstate the Petitioner at the previous place of posting, i.e., Government Primary School, Matpahad (E), Development Block Pathalgaon, District Jaspur, Chhattisgarh, and allow her to discharge her duties therein in the capacity of Assistant Teacher (LB); c. Alternatively, direct the Respondent State to give joining to the Petitioner at the fresh place of posting, i.e., Government Primary School, Tendupara, Ludang, Development Block Pathalgaon, District Jaspur, and grant all benefits consequential thereof; d. Direct the Respondent State to grant arrears of pay and such other service benefits as would have accrued to the Petitioner w.e.f. 09.06.2025 till she joins a place of posting; and e. To pass any other order in favor of Petitioner as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case with cost.” 2. Learned counsel for the petitioner would submit that the petitioner was posted at Govt. Primary School, Tendupara, Block Pathalgaon vide order dated 04.06.2025 (annexure P/1). He was relieved on 09.06.2025 and when he had gone there at Primary School, Tendupara the Assistant Teacher as well as in charge Headmaster had given him in writing that there is no vacant post of Assistant Teacher available at Govt. Primary School, Tendupara, therefore, he could not be joined there and filed the present writ petition for quashing of posting order dated 04.06.2025. 3. On 05.08.2025 learned counsel appearing for the State was directed to seek instruction with respect to the vacant post of Assistant Teacher at Govt. Primary School, Tendupara, and on instruction he would submit 3 that at Govt. Primary School, Tendupara there was an Assistant Teacher who was in charge Headmaster of the School and due to certain irregularities committed by him he has been suspended and as of now the vacant post of Assistant Teacher is lying vacant at Govt. Primary School, Tendupara and the petitioner can join there in that school. 4. On the submissions made by learned counsel for the Respondent/State, learned counsel for the petitioner would submit that the Assistant Teacher who was already working there has only been suspended if his suspension order could be revoked the present petitioner would be in difficulty to remain there at Govt. Primary School, Tendupara. 5. I have heard learned counsel for the parties and perused the material annexed with the petition. 6. The petitioner who is an Assistant Teacher and presently posted at Govt. Primary School, Matpahad, Block Pathalgaon has been posted at Govt. Primary School, Tendupara vide order dated 04.06.2025 under the rationalization instruction dated 02.08.2024. From the instruction submitted by the learned State counsel dated 06.08.2025, it transpires that the Assistant Teacher who is in charge Headmaster at Govt. Primary School, Tendupara, has been suspended and as per the statement made by the learned State counsel that the post of Assistant Teacher at Govt. Primary School, Tendupara is lying vacant and the petitioner can join there at Govt. Primary School, Tendupara. 7. In view of the above, I do not find any violation of rationalization instructions with respect to the posting of the petitioner there at Govt. Primary School, Tendupara, even no ground has been demonstrated 4 by the petitioner against her posting order dated 04.06.2025 which has been made under the rationalization instruction dated 02.08.2024. 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. 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. 9. 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 Alok