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2025 DAILYLAW 57232 (CHH)

DR. DEEPA DASS v. STATE OF CHHATTISGARH

WPS/12479/2025 · 2025-11-02

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:53509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12479 of 2025 Dr. Deepa Dass D/o Pradeep Kumar Das Aged About 61 Years Currently Working Assistant Professor, State Council Of Research And Training (S C E Rt)- Department Of School Education, Chhattisgarh, India. ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District Raipur C.G. 2. Director, Directorate Of Public Instruction (D P I) Chhattisgarh, Indirawati Bhawan, Atal Nagar, Nava Raipur, District Raipur C.G. 3. State Council Of Educational Research And Training (S C E Rt) Raipur, District Raipur C.G. 4. District Education Officer, District Raipur C.G. ... Respondent(s) For Petitioner(s) : Mr. Anirudh Shrivastava, Advocate For Respondent(s) : Mr. K.S. Saini, PL Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 03/11/2025 1. The petitioner has filed this petition challenging the impugned transfer order dated 26.09.2025 passed by respondents by which the respondent has cancelled deputation of the petitioner and posted as Principal in her parent department i.e. School Education Department and transferred from SCERT Shankar Nagar, Raipur to Government Higher Secondary School Aga Seoni, Raipur District Raipur. SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.11.04 11:27:01 +0530 2 2. Counsel for the petitioner would submit that the petitioner was posted on deputation for about 2 years at the verge of retirement her deputation is cancelled by the respondents and transferred to her their parent department which is unreasonable and would pray for quashing of the impugned transfer order. 3. Per contra, learned counsel for the respondent/State would submit the government servant has sent on deputation cannot claim her right to be continued on deputation, as it is the choice of the Government to send their employee or not and minimum period of two years has already been expired, therefore, the petitioner is reverted back to her parents department i.e. School Education Department and would pray for dismissal of the writ petition. 4. I have heard learned counsel for the parties and perused the records. 5. Considering the submission, it is not in dispute that the parent department of the petitioner is School Education Department and the petitioner was sent on deputation for two years and she remained posted on deputation at SCERT Shankar Nagar, Raipur which is minimum period required under Fundamental Rules, as such the petitioner has no right to continue on deputation post. In view of the above stated legal position of law, I do not find any illegality in the impugned transfer order, the writ petition sans merit, is liable to be dismissed. 6. Accordingly, the writ petition is dismissed. No order as to costs. Sd/- (Narendra Kumar Vyas) Judge santosh 3