1 2025:CGHC:47086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9826 of 2025 1 - Nisha Wahane D/o Suraj Wahane Aged About 55 Years R/o Magarpara, Ambedkar Chowk, Behind Gayatri Medical, Magarpara, Bilaspur, District Bilaspur C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Atal Nagar, New Raipur, District Raipur C.G. 2 - The Joint Director, Education Division, Bilaspur, District Bilaspur C.G. 3 - The Collector, Bilaspur, District Bilaspur C.G. 4 - The District Education Officer And Secretary Under District Rationalization Committee, Bilaspur, District Bilaspur C.G. 5 - The Block Education Officer, Bilha, District Bilaspur C.G. ... Respondents For Petitioner : Mr. Goutam Khetrapal, Advocate For State : Ms. Anuja Sharma, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 15.09.2025 1. This petition has been filed by the petitioner assailing the order dated 08.08.2025 passed by the Joint Director, School Education Department, Bilaspur by which the representation of the petitioner against the transfer by way of rationalization from Government Urdu Primary School, Khaparganj, Bilha to Government Primary School, Basantpur, Block Masturi, District Bilaspur (C.G.). BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.09.18 18:35:53 +0530 2 2. Learned counsel for the petitioner would submit that earlier also the petitioner has challenged her transfer by way of rationalization before this Court in WPS No. 8393/2025 wherein this Court vide order dated 24.07.2025 has granted liberty to the petitioner to make representation whereas the respondent without considering the medical difficulty faced by the petitioner who has some problem in her L-1 & L-2, has mechanically rejected the representation preferred by the petitioner and would pray for allowing the petition by quashing of the impugned order as well as her transfer order in the garb of rationalization. 3. Per contra State counsel would submit that the petitioner has been rightly transferred through the scheme of rationalization as she was surplus and she is presently posted in the school since 2022 and more than 03 years has already been lapsed. She would further submit that no government servant can claim as a matter of right to be posted at a particular place for entire service period and would pray for rejection of the petition. 4. I have heard learned counsel for the parties and perused the record. 5. Considering the fact that the petitioner has been treated surplus which cannot be found faulty and it is also the object of the rationalization that at least a Teacher should be posted in every school so that right of the children to get good education is not infringed which is also in conformity with the provision of Right to Education Act. This Court cannot lose sight of the fact that the condition of the school are very poor and the government schools are being run without Teachers which is adversely affecting the future of the children. 6. Considering the well settled position of law that the transfer is an incident of service and it is made in exigency of service, no employee 3 can insist to remain posted in particular place of posting of his entire service period and it is the Government to transfer an employee considering the requirement and as per the law laid down by Hon'ble the Supreme Court in SK Nausad Rahaman & others Vs. Union of India & others reported in (2022) 12 SCC 1, wherein it has been held at paragraph 24 as under:- “24. First and foremost, transfer in an All India Service is an incident of service. Whether, and if so where, an employee should be posted are matters which are governed by the exigencies of service. An employee has no fundamental right or, for that matter, a vested right to claim a transfer or posting of their choice.” 7. Considering the facts and circumstances of the case as well as the law laid down by Hon'ble the Supreme Court in SK Nausad Rahaman (Supra), this petition sans merit and is liable to be dismissed. 8. Accordingly, the instant petition is dismissed Sd/- (Narendra Kumar Vyas) Judge Bhumika