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2025 DAILYLAW 53423 (CHH)

SMT. OMESHWAREE NAIK v. THE STATE OF CHHATTISGARH

WPS/12047/2025 · 2025-10-15

Shri Narendra Kumar Vyas

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Judgment text

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2025:CGHC:51596 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12047 of 2025 1 - Smt. Omeshwaree Naik W/o Shri Banshidhar Naik Aged About 38 Years Govt. Employee Lecturer Presently Posted As Asst. Program Coordinator District- Project Office, Samagra Shiksha, Korba District- Korba (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur (C.G.) 2 - The Director Public Education Directorate Indrawati Bhawan, Nava Raipur, Atal Nagar, Raipur (C.G.) 3 - The Collector District - Korba (C.G.) 4 - The District Eudcation Officer District - Korba (C.G.) 5 - The District Mission Coordinator District Project Office Samgra Shiksha, Korba District - Korba (C.G.) 6 - Shri Chandresh Kumar Dubey Lecturer (L.B.) Posted At Govt. Higher Secondary School Pandaniya Block Katghora District - Korba (C.G.) 7 - Smt. Vartikajaan Lecturer Posted At Swami Atmanand School, Pasan Block Podi Uproda District - Korba (C.G.) 8 - Shri Manoj Pandey Presently Working As District Mission Coordinator District Project Office Samagra Shiksha Korba District - Korba (C.G.) ---- Respondents For Petitioner : Mr. Roop Ram Naik, Advocate. For State : Mr. Suyash Dhar, Dy. Govt. Advocate For R/5 : Mr. Avinash Singh p/p for Mr. Animesh Tiwari, Advocates Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 16.10.2025 1. The petitioner has filed present petition assailing order dated 26.09.2025 by which the petitioner has been transferred from the District Project Office, Samagra Shiksha Korba, District Korba to the Office of District Education Office, Raigarh. 2. Learned counsel for the petitioner would submit that there is inter-see dispute between the petitioner and respondent No. 8, Mr. Manoj Pandey against whom the petitioner has filed FIR and the Criminal proceeding has been initiated against him. On the strength of respondent No.8, she and witness to the case have been transferred, therefore, the impugned transfer order is actuated with malafide and thus, deserves to be quashed. 3. Per contra, learned State Counsel would submit that the substantive post of the petitioner is lecturer and she has remained posted at the present place of posting for more than last 3 years, as such, she has rightly been transferred to the Office of the District Education Officer to impart education to students, thus would pray for dismissal of the writ petition. 4. I have heard learned counsel for the parties and perused the record. 5. The petitioner holds substantive post of lecturer and as per the Government Decision the teachers/lecturers who are not imparting education due to their engagement in various other works have been directed to be posted in the Schools to impart education. Pursuant to the same, the impugned order dated 26.09.2025 has been passed. This action of the respondents does not suffer from the malafide or arbitrariness. The allegation of the petitioner that there is inter-see dispute between the petitioner and respondent No. 8, it can be very well agitated before the Criminal Court where the criminal proceeding is going on. Therefore, I am of the view that no illegality or irregularity has been committed by the respondents in issuing the transfer order which warrants interference by this Court. 6. Accordingly, the writ petition (s) sans merits and it is dismissed. Sd/- (Narendra Kumar Vyas) Judge Deshmukh KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.10.16 18:05:51 +0530