1 2025:CGHC:46193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6770 of 2022 * - Akhilesh Mishra S/o Shri P. N. Mishra Aged About 52 Years At Present Posted And Working As District Mission Coordinator, Samagra Shiksha, Rajeev Ghandhi Shiksha Mission, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh 2 - Director Public Instructions, Directorate At Indrawati Bhawan, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh 3 - Managing Director Samagra Shiksha, Rajeev Gandhi Shiksha Mission, Indrawati Bhawan, Atal Nagar Nawa Raipur, District : Raipur, Chhattisgarh 4 - Mission Director/ Collector Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh 5 - District Education Officer Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh 6 - Ganesh Tiwari Presently Posted And Working As Assistant Programme Coordinator, Samagra Shiksha, Rajeev Gandhi Shiksha Mission, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh ... Respondents For Petitioner : Ms. Priyanka Rai, Advocate For Respondents No. 1, 2 & 5 For Other Respondents : : Mr. Topilal Bareth, Panel Lawyer None Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 10/09/2025 1. The petitioner has filed this petition seeking the following relief(s):- Digitally signed by RAMESH KUMAR VATTI Date: 2025.09.15 19:22:37 +0530 2 10.1 That, this Hon’ble Court may kindly be pleased to set-aside the impugned transfer order dated 30.09.2022 (Annexure P-1) so far as the transfer of petitioner is concerned. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to work at present place of posting i.e. Samagra Shiksha, Rajeev Gandhi Shiksha Mission, Jagdalpur, District Bastar (C.G.) 10.3 That, the Hon’ble Court be further pleased to grant such other relief(s) as may be deemed fit and proper in the interest of justice and fair play. 2. Ms. Priyanka Rai, learned counsel appearing for the petitioner would submit that initially the petitioner was appointed to the post of Upper Division Teacher vide order dated 28.08.1993 and he was promoted to the post of Lecturer on 02.09.2009. She would submit that the petitioner was sent on deputation to the post of District Mission Coordinator, Rajeev Gandhi Shiksha Mission, District Bastar vide order dated 03.01.2022 and within a span of 07 months, vide order date 30.09.2022 said order was recalled and the petitioner was sent to his parents department. Ms. Priyanka Rai would argue that junior to the petitioner was sent on deputation on the post of District Mission Coordinator and action of respondent No.1 is arbitrary, discriminatory and malafide. She would pray to quash the order dated 30.09.2022. 3. On the other hand, Mr. Topilal Bareth, learned Panel Lawyer appearing for the State/respondents No. 1, 2 & 5 would oppose the submission made by Ms. Priyanka Rai. He would contend that a government servant cannot be posted on deputation for indefinite period. He would submit that the petitioner has already completed more than 03 years by virtue of interim order passed in his favour. He would submit that petition deserves to be dismissed. 3 4. I have heard learned counsel for the parties and perused the documents. 5. The petitioner was sent on deputation vide order dated 03.01.2022 on the post of District Mission Coordinator, Rajeev Gandhi Shiksha Mission, District Bastar and vide order dated 30.09.2022, the said order was modified and junior to the petitioner was sent on the said post. 6. As the petitioner has already completed more than 03 years on the said post, and a government servant cannot be posted on deputation for indefinite period, therefore, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to make a representation before respondent No. 1 and in turn, the said authority is directed to decide it expeditiously preferably within a period of 90 day from the date presentation of representation. 7. The interim order granted on 31.10.2022 shall continue for period of 90 days. 8. With the aforesaid direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti