1 2025:CGHC:34692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8969 of 2022  Vinita Singh W/o Shri Pitambar Singh Aged About 35 Years Posted As Head Master Primary School Sakariyapara (Sakalpur) Sankul Kendra Songara Block Pratappur District Surajpur (C.G.) R/o Sarnapara Gangapur Khurd Ambikapur (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary School Education Department, Mantralaya, Mahanadi Bhavan Naya Raipur (C.G.) 2. Sanchalak Lok Shishikshan Sanchalanayalay Naya Raipur (C.G.) 3. Collector Surajpur, District Surajpur (C.G.) 4. District Education Officer Surajpur District Surajpur (C.G.) 5. Block Education Officer Pratappur District Surajpur (C.G.) 6. Maan Singh Aged About 40 Years Posted As Head Master Government Primary School Ghutarapara Block Pratappur District Surajpur (C.G.) ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : None, in two rounds. For State : Mr. Shubham Bajpayee, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 21. 07.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call the entire records of the case, from the Respondents offices. 10.2 That this Hon'ble Court may kindly be pleased to direct the respondents specially the Respondent No. 4. District Education Officer Surajpur District Surajpur (C.G.). canceal/modify, the order impuged, bearing No. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.07.22 10:33:32 +0530 2 bearing No. Kramank/8764/Stha.-03(T/E)/Padonnati /2022-23 Surajpur Dtd. 14.11.2022, passed by the Respondent No. 04, i.e. the District Education Officer Surajpur District Surajpur, thereby the services of the Petitioner have been transferred from Government Primary School Sakariyapara (Sakalpur) Block Pratappur to Government Primary School Junadeehpara, Silfili Block Pratappur District Surajpur, by amending their own previous Transfer order No. Kramank /7237/Sthapana -3/ T Samvarg /Paddonati /2022-23 Surajpur Dtd. 07.10. 2022, and thereby further be pleased to direct the Respondent N. 04 to get restored the same order dtd. 07.10.2022, by permitting the Petitioner to served her service at Government Primary School Sakariyapara (Sakalpur) Block Pratappur, with its all ancilliary effect. 10.3 That, looking to the continuous transfrer orders of the Petitioner, within the very short period against the transfer policy of the State, the Respondents be directed to permit the Petitioner to work in her present posting place by cancealling the impugned order of the transfer, as it relates to the Petitioner. 10.4 That, This Hon'ble Court be also be pleased to direct the Respondents to not relieved the petitioner from her present posting place, in the lieu of the impugned transfer order and further also the Respondents be restrained to pass any adverse order against the Petitioner. 10.5 That any other relief/order which may deem fit and just in the facts and of the case including award of the costs of the petition may also be granted in the favour of the petitioner and against the Respondents.” 2. The petitioner, who was posted as Assistant Teacher(LB) at Government Primary School, Sakariyapara (Sakalpur), Block Pratappur, District Surajpur, was promoted to the post of Headmaster at the same school vide order dated 07.10.2022. Later on, that order was modified and the place of posting was changed from Government Primary School, Sakariyapara (Sakalpur), Block Pratappur, District Surajpur to Government Primary School, Junadihpara, Silphil, Block Pratappur, District Surajpur, and that order has been challenged by filing this petition. The petitioner has raised the ground of frequent transfer, and it is also pleaded that the transfer order 3 has been passed without due application of mind. 3. Learned counsel appearing for the State would submit that initially, the petitioner was promoted to the post of Headmaster and posted at the same place of posting, i.e. Government Primary School, Sakariyapara (Sakalpur), Block Pratappur, District Surajpur, vide order dated 07.10.2022. Later on, vide order dated 14.11.2022, she was posted at Government Primary School, Junadihpara, Silphil, Block Pratappur, District Surajpur. He would further submit that, as there was a vacancy, the petitioner was posted there. 4. Heard. 5. The order of promotion and transfer was issued by the District Education Officer on 07.10.2022, whereby she was posted at Government Primary School, Sakariyapara (Sakalpur), Block Pratappur, District Surajpur. The said order was complied with, and the petitioner had assumed the charge of the post of Headmaster. Thereafter, the said order has been modified by the District Education Officer. 6. It is a well-settled principle of law that the executed order cannot be cancelled or modified. The authority concerned was required to issue a fresh transfer order if there was any necessity of the transfer of the services of the petitioner; thus, the order Annexure P/1 is not sustainable in the eyes of the law; therefore, the same is hereby quashed. Accordingly, this petition is hereby allowed. 7. The respondent authorities would be at liberty to issue a fresh transfer order, if so advised. Sd/- (Rakesh Mohan Pandey) Judge $iddhant