1 2025:CGHC:41091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9185 of 2025 1 - Smt. Manti Kujur Wife of Chandra Prakash Kujur Aged About 50 Years Lecturer (L.B.) Presently Posted At Govt. Higher Secondary School Darripara, Block, Bhaiyathan District- Surajpur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Panchayat And Rural Development, Mantralaya Atal Nagar Nava, Raipur District- Raipur (C.G.) 2 - Director, Public Instruction, Indrawati Bhawan, Atal Nagar Nava Raipur District- Raipur (C.G.) 3 - Collector Surajpur, District- Surajpur (C.G.) 4 - Joint Director Education Division Sarguja, District- Sarguja, Ambikapur (C.G.) 5 - District Education Officer Surajpur District- Surajpur (C.G.) 6 - Principal Govt, Higher Secondary School Darripara, Block- Bhaiyathan, District- Surajpur (C.G.) ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. C.Jayant K. Rao, Advocate. For State/Respondents : Mr. S. Choubey, Panel Lawyer. Hon'ble Shri Justice R avindra Kumar Agrawal, J. Order on Board 14-08-2025 1. The petitioner has filed the present writ petition claiming the following relief(s) Digitally signed by MOHAMMED AADIL KHAN Date: 2025.09.16 18:31:14 +0530 2 :- “10.1 That, this Hon’ble Court may kindly be pleased to set aside the order dated 04.06.2025 (Annexure P/1), whereby the petitioner has been declared surplus under the Rationalization Scheme of the Government and posted at Govt. Higher Secondary School Darriapra, Block Bhaiyathan, District Surajpur (C.G.). 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to post the petitioner in the Govt. Higher Secondary School Jainagar, Block Surajpur, District Surajpur (C.G.). 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.” 2. Learned counsel for the petitioner would submit that the petitioner who is a Lecturer (History/Political Science) and posted at Govt. Higher Secondary School Jainagar, Block Surajpur has been posted at Higher Secondary School Darripara, Block Bhaiyathan vide order dated 04-06-2025. Pursuant to the order dated 04-06- 2025 she relieved from the Govt. Higher Secondary School Jainagar on 06-06-2025 and has joined at Govt. Higher Secondary School Darripara, Block Bhaiyathan on 14-06-2025. On 12-07-2025 the Principal Higher Secondary School Darripara informed the District Education Officer Surajpur that the petitioner is surplus at Govt. Higher Secondary School Darripara because of the reason that Govt. Girls’ High School Darripara has been merged at Govt. Higher Secondary School Darripara and since the Lecturer (Political Science) was already posted at Govt. Girls’ High School Darripara, therefore, the petitioner who joined on 14-06-2025 is to be declared surplus. The petitioner has also made her representation on 16-07-2025 raising her grievances that after her joining at Govt. Higher Secondary School 3 Darripara her being declared surplus there the Principal of Govt. Higher Secondary School Jainagar has been promoted on 30-04-2025 and then the post of Lecturer (History/Political Science) is lying vacant at Govt. Higher Secondary School Jainagar, therefore, she may be sent back to her earlier place of posting, i.e., Govt. Higher Secondary School Jainagar. He would further submit that though the petitioner had joined at her place of posting, but she was again declared surplus by which is facing difficulty in her service and therefore, the impugned order of posting may be quashed. 3. On 06-08-2025 the learned counsel appearing for the State was directed to seek instruction in the matter and pursuant to the order dated 06-08-2025 the learned counsel for the State, on instruction, would submit that under the Rationalization Instructions dated 02-08-2024 the Govt. Girls’ High School Darripara has been merged with Govt. Higher Secondary School Darripara and since no vacant post for Lecturer (Political Science) was available, the petitioner has been declared surplus and the District Level Rationalization Committee has decided to change the place of posting of the petitioner. Accordingly, the place of posting of the petitioner has been amended and she has been posted at Higher Secondary School Dandkarawa, Block Pratappur vide order dated 05-08-2025. He placed a copy of order date 05-08-2025 which is being taken on record. He would submit that the place of posting of the petitioner has been amended and this the petitioner is not entitled for any relief in the present writ petition. 4. I have heard learned counsel for the parties and perused the material annexed with the petition. 5. The main grievance of the petitioner is that even after joining at her place of posting vide order dated 04-06-2025 she has been declared surplus and her representation for sending her back to her earlier place of posting has not been considered by the authorities. In compliance of the order dated 04-06-2025 the petitioner had joined at Govt. Higher Secondary School Darripara on 14-06-2025, 4 however, for the reason that Govt. Girls’ High School Darripara is merged with Govt. Higher Secondary School Darripara and there is no vacant post available, the petitioner who joined in the school on 14-06-2025 has been declared surplus. The declaration of the petitioner as surplus is incidental to the merger of two schools. Though the petitioner has made her representation on 16-07-2025 and 22-07-2025 to the respondent authorities, but her claim for sending her back to Govt. Higher Secondary School Jainagar is in the authority concerned to consider her request subject to availability of post there. She herself claimed that Lecturer (History) posted at Jainagar school has been promoted on 30-04-2025, therefore, at the when the posting order of the petitioner was issued, i.e., on 04-06-2025 the promotion of Lecturer (History) was well within the consideration during rationalization of the petitioner and therefore, non-considering of her representation does not affect the posting order of the petitioner. Further vide order dated 05-08- 2025 the place of posting of the petitioner has been amended and now she has been posted at Higher Secondary School Dandkarawa, Block Pratappur, therefore, I do not find any illegality or arbitrariness in the orders passed by the authorities. 7. 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 does not find any scope of interference in this petition. 5 8. 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 orders is made out. Accordingly, the writ petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Aadil