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2025 DAILYLAW 55180 (CHH)

SANTOSH KUMAR BHASKAR v. STATE OF CHHATTISGARH

WPS/12167/2025 · 2025-10-16

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:51867 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12167 of 2025 1 - Santosh Kumar Bhaskar S/o Shri A.L. Bhaskar Aged About 57 Years Presently Working As Block Education Officer S.Lohara, District- Kabirdham, (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through - Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.) 2 - Director Public Instructions, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.) 3 - Devendra Sahu Assistant Block Education Officer S.Lohara District- Kabirdham (C.G.) ---- Respondents For petitioner : Mr. C.J.K. Rao, Advocate For Respondent : Mr. S.P. Kale, Dy. Advocate General Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 17.10.2025 1. By way of present writ petition the petitioner has prayed for quashment of his transfer order dated 29.09.2025 whereby he has been transferred from the post of Incharge Block Education Officer, Sahaspur Lohara, District Kabirdharm to his substantive post of Principal, Govt. High KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.10.28 11:03:06 +0530 2 School Pendarwani, Block Chuikhadan, District – Khairagarh. 2. Learned counsel for the petitioner would submit that the petitioner has been promoted to the post of Principal on 27.06.2015 and he has been given charge of Block Education Officer in the year 2019. The impugned order has been passed transferring respondent No. 3 Devendra Sahu, Assitant Block Education Officer in his place at Lohara. He would further submit that as per Clause 17 of the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 for the post of Block Education Officer / Assistant Director (Administration) 25% posts shall be filled-up by promotion of Assistant Block Education Officer and 75% posts shall be filled by Principal with atleast 5 years experience. Thus, the petitioner is eligible for promotion to the post of Block Education Officer, therefore, his transfer to the post Principal may kindly be quashed. 3. Per contra, learned counsel for the State would submit that respondent No. 3 is also having experience of 10 years on the post of Assistant Block Education Officer, therefore he is equally eligible for promotion to the post of Block Education Officer, as such, there is no illegality or irregularity committed by the resopndents in sending the petitioner to his substantive post, therefore, impugned order does not require any interference by this Court and would pray for dismissal of the writ petition. 4. I have heard learned counsel for the parties and perused the record. 5. From the record it is quite vivid that the petitioner is posted as Incharge Block Education Officer for the last 6 years. It is well settled position of law that an employee cannot insist to remain posted at a particular place forever. Moreover, the substantive post of the petitioner is Principal, 3 therefore, no service condition of the petitioner has been adversely affected. 6. Considering this aspect of the matter, I do not find any illegality or irregularity committed by the respondents which warrants interference in the impugned transfer order. 7. According, the writ petition sans merits and it is dismissed. Sd/- (Narendra Kumar Vyas) Judge Deshmukh