1 2025:CGHC:36623 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7797 of 2025 1 - Dhanraj Kumar Verma S/o Mehtaru Ram Verma, Aged About 33 Years Posted As Lecturer (L.B.) At Government Higher Secondary School, Mundagaon, District Jagdalpur (Bastar), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - Director, Directorate Of Public Instruction (Dpi), Through Its Director, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh 3 - Collector, District Jagdalpur (Bastar), Chhattisgarh 4 - Joint Director, Education Division, Jagdalpur (Bastar), Chhattisgarh 5 - District Education Officer, District Jagdalpur (Bastar), Chhattisgarh ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Mateen Siddiqui, Advocate For Respondent(s)/State : Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 28/07/2025 1. The petitioner has filed the present writ petition against the impugned order of his posting dated 06.06.2025 (Annexure P/1), whereby the petitioner, who is a Lecturer (Chemistry), has been posted from Higher VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.10.06 17:07:50 +0530 2 Secondary School, Mundagaon to Govt. Higher Secondary School, Chandragiri, Block Darbha under the Rationalization Instructions dated 02.08.2024 and prayed the following reliefs in the writ petition:- “10.1 That, this Hon'ble Court may kindly be pleased to quash and set aside the impugned order dated 06.06.2025 (Annexure P/1) issued by the District Education Officer, Jagdalpur (Bastar). 10.2 That this Hon'ble Court may kindly direct the Respondent authorities to restore the Petitioner to his posting at Government Higher Secondary School, Kesharpal, District Jagdalpur (Bastar), in terms of the transfer order dated. 04.06.2025. 10.3 That this Hon'ble Court may kindly be pleased to grant any other writ/ writs, order/ orders, relief/ reliefs in favor of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that the petitioner is presently posted as a Lecturer (Chemistry) at Higher Secondary School, Mundagaon. Initially he was posted at Higher Secondary School, Kesharpal, Block Bastar vide order dated 04.06.2025 under the Rationalization Instructions dated 02.08.2024. On 05.06.2025, he joined at Govt. Higher Secondary School, Kesharpal. After his joining at Kesharpal school, another order of his posting dated 06.06.2025 is issued by the District Level Rationalization Committee, by which he is posted at Govt. Higher Secondary School, Chandragiri, Block Darbha. He would further submit that once the order dated 04.06.2025 is executed and the petitioner has joined at Kesharpal school, order of posting of the petitioner from Mundagaon school to Chandragiri school is bad in law, because he cannot be considered to be the lecturer 3 posted at Mundagaon school. He would further submit that during the rationalization process the provisions of Rationalization Instructions have been violated and no proper opportunity of hearing at the time of counseling was provided to him. The rationalization of the lecturers is against the setup of the schools issued in the year 2008 by the School Education Department. There is sufficient number of students at Mundagaon school and the petitioner cannot be declared surplus there. He would fairly submit that the petitioner had joined at Darbha school, but looking to the irregularities committed by the authorities and cancellation of executed order, the impugned posting order of the petitioner dated 06.06.2025 is liable to be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, would submit that though petitioner was earlier posted at Higher Secondary School, Kesharpal, but immediately thereafter, the authorities came to know about certain regularities and the posting order of the petitioner dated 04.06.2025 was cancelled and another order of his posting dated 06.06.2025 is issued. Although it transpires from the document (Annexure P/3) that the petitioner has joined at Kesharpal school, however, he cannot claim as a vested right to be remain posted there, as certain regularities were found in the posting order. The petitioner had joined at Govt. Higher Secondary School, Chandragiri in compliance of the order dated 06.06.2025 and by his joining he accepted the the cancellation of his earlier order dated 04.06.2025 and his posting order dated 06.06.2025, by which he has been posted at Govt. Higher Secondary School, Chandragiri. He would further submit that the petitioner claims that at the time of 4 counseling, he was not provided sufficient opportunity, however from his representation (Annexure P/6), it transpires that he was provided sufficient opportunity and opt the schools. Since, the petitioner has already joined at Govt. Higher Secondary School, Chandragiri, he is not entitled for any relief in the present writ petition. 4. I have heard learned counsel for the parties and perused the documents annexed with the petition. 5. The petitioner, who is a Lecturer (Chemistry) was initially posted at Govt. Higher Secondary School, Mundagaon. He was posted to Govt. Higher Secondary School, Kesharpal vide order dated 04.06.2025, however, when the authorities considered certain irregularities, they cancelled the order dated 04.06.2025 and issued another order dated 06.06.2025, whereby the petitioner has been posted at Govt. Higher Secondary School, Chandragiri. The petitioner cannot claim to be remain posted at Govt. Higher Secondary School, Kesharpal, as the posting of the petitioner at Kesharpal school was under the order issued by the irregularities. As and when the authorities came to know the regularities, they cancelled the order and passed the subsequent order of posting dated 06.06.2025. Further, in compliance of the order dated 06.06.2025 also, the petitioner had joined at Govt. Higher Secondary School, Chandragiri and the said order has also been complied with. It is not the case that the petitioner had not joined at Chandragiri school and challenging the order dated 06.06.2025 by saying that the order dated 04.06.2025 has been complied with and it cannot be cancelled. Subsequent joining at Chandragiri school vide order dated 06.06.2025 diluted the claim of the petitioner, even if he 5 joined at Kesharpal school by the order dated 04.06.2025. 6. Even otherwise, Rationalization Instructions are mere guidelines. It may not supplement the general powers of the employer provided under the statutory service rules, i.e. to post a person at a place in the public interest and in administrative exigency. 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 do not find any scope of interference in this petition. 7. 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 order dated 06.06.2025 (Annexure P/1) is made out. Accordingly, the writ petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved