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2025 DAILYLAW 52734 (CHH)

PAPPU RAM SINHA v. THE STATE OF CHHATTISGARH

WPS/6157/2022 · 2025-10-09

Shri Sachin Singh Rajput

body2025

Judgment text

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1 2025:CGHC:50705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6157 of 2022 1 - Pappu Ram Sinha S/o Late Mr. Rambharosa Sinha Aged About 45 Years Post Assistant Teacher (Local Body) Posted At Govt. Primary School Kanapod, Block Charama, District Uttar Baster Kanker, Chhattisgarh ... Petitioner versus 1 - The State Of Chhattisgarh Through Its Secretary, Education Department Mantralya, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Collector District Uttar Bastar Kanker, Chhattisgarh 3 - District Education Officer District Uttar Bastar Kanker, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Parag Kotecha, Advocate For Respondent(s) : Mr. Vedant Shadangi, PL Hon'ble Shri Justice Sachin Singh Rajput Order on Board 10.10.2025 1. The challenge in this writ petition is to the transfer order dated 10.09.2022 (Annexure P/1) issued by respondent No. 2, whereby the petitioner, who was working as a Teacher (LB) at Primary School, Kanapod, Block Development – Charama, District – Uttar Bastar Kanker (C.G.), has been transferred to Government Primary School, Matla A, Block Development – Antagarh, on administrative exigencies. 2. Learned counsel for the petitioner submits that the impugned transfer order is in violation of the transfer policy of the State Government (Annexure P/2). HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.10.14 17:30:31 +0530 2 Considering this contention, this Court, vide order dated 28.09.2022, stayed the operation of the impugned transfer order insofar as it relates to the petitioner. It is submitted that the interim order has been continued from time to time, and the petitioner is still discharging his duties at the present place of posting. Therefore, it is prayed that this petition may be finally disposed of by setting aside the impugned transfer order. 3. Per contra, learned counsel for the State submits that transfer is an incidence of service, and the petitioner has been transferred on administrative grounds. It is further submitted that the petitioner cannot claim to remain posted at a particular place forever. 4. Be that as it may, since the impugned transfer order was issued in the year 2022 and almost three years have elapsed, and considering that the petitioner has continued at the present place of posting under the protection of interim order, this Court is inclined to dispose of the writ petition with an observation that the respondents shall not insist upon the petitioner to comply the impugned transfer order (Annexure P/1). However, the respondents shall be at liberty to issue a fresh order of transfer, if the administrative exigency so requires. 5. With the aforesaid observations, the writ petition stands disposed of. All pending applications, if any, shall also stand disposed of. Sd/- (Sachin Singh Rajput) Judge H.Ansari