1 2025:CGHC:59835 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7931 of 2023 1 - Smt. Savita Sharma W/o Shri Amit Sharma Aged About 43 Years Working As Lecture (Commerce), Government Higher Secondary School Camp-1, Bhilai, District Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mahanadi Bhawan, Post Office, Mantralaya, P.S. Rakhi, Nawa Raipur Atal Nagar, District Raipur (C.G.) 2 - The Director Public Instruction Department, Indrawati Bhawan, Post Office Mantralaya, P.S. Rakhi, Nawa Raipur Atal Nagar, District Raipur (C.G.) 3 - The President / Collector Swami Atmanand Excellence English And Hindi Medium School Operation And Management Committee Durg, Collectorate Building Durg, District Durg (C.G.) 4 - The District Education Officer Durg/secretary Swami Atmanand Excellence English And Hindi Medium School Operation And Management Committee Durg, Opposite Jila Panchayat Durg, District Durg (C.G.) 5 - The Principal Government Higher Secondary School, Camp-1 Bhilai District Durg (C.G.) ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 6 - The Principal Government Higher Secondary School Nikum District Durg (C.G.) / Principal Swami Atmanand Excellence English And Hindi Medium School Nikum Durg, District Durg (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Vipin Tiwari, Advocate For Respondent(s) : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09.12.2025 1. This petition has been filed by the petitioner seeking for the following reliefs:- “10.1. That, the Hon'ble Court may kindly be pleased to quash the order dated 08.09.2023 (Annexure P-1) passed by respondent no. 4 and the order dated 21.09.2023 (Annexure P-2) passed by the respondent no. 5, being illegal arbitrary and without any authority, in the interest of justice. 10.2. That, the Hon'ble Court may kindly be pleased to call for the entire records from the respondents. 10.3. That, Any other order of orders or Direction or Relief though just and fit in the circumstances of the case may also kindly be granted.” 2. Facts of the case in brief :- The petitioner was appointed as Shiksha Karmi Class – I on 07.07.2010 by the Chief Executive Officer, District Panchayat, Durg, and her services were merged into the School Education Department by order dated 29.08.2019 with effect from 01.07.2019, where her name appeared at Serial No. 1703. She was posted as Lecturer (LB) 3 (Commerce) at Government Higher Secondary School, Nikum, which was later brought under the Swami Atmanand Excellence English and Hindi Medium School Scheme, for which the respondents sought her consent for deputation; however, she declined and submitted her denial on 05.01.2023. Due to her refusal, Mr. Malaya Pandey, Lecturer (Commerce), who consented to deputation, was posted in her place by order dated 09.06.2023, and respondent No. 4 transferred the petitioner to Government Higher Secondary School, Camp–1, Bhilai on 27.06.2023, where she was relieved on 28.06.2023 and joined the same day, receiving salary for July and August 2023. Thereafter, without any prior notice, respondent No. 4 issued the impugned order dated 08.09.2023 cancelling the order dated 27.06.2023 on the ground of it being a teaching arrangement, upon which respondent No. 5, by order dated 21.09.2023, relieved the petitioner ex parte for joining at Swami Atmanand Excellence English and Hindi Medium School, Nikum. 3. Learned counsel for the petitioner submits that the impugned orders dated 08.09.2023 and 21.09.2023 are arbitrary, illegal, violative of Articles 14 and 16 of the Constitution of India, and therefore liable to be quashed. It is submitted that Swami Atmanand Excellence English and Hindi Medium School, Nikum, is operated by a Society registered under the Firms and Societies Registration Act, and deputation of a government 4 employee to such an institution is permissible only with the employee’s consent, which the petitioner categorically declined; hence, the impugned action is without authority and contrary to law. The petitioner, being a gazetted officer, can be deputed only by the competent authority, i.e., the Joint Director, Public Instructions, Government of Chhattisgarh, yet respondent No. 4, lacking such authority, illegally issued the impugned order. Further, the transfer order dated 27.06.2023 had already been executed, the petitioner had joined on 28.06.2023, and she was paid salary for July and August 2023; therefore, its subsequent cancellation is legally impermissible. It is also submitted that the petitioner is a lady with two school- going children and posting her to a distant location causes undue hardship, which was ignored by the respondents. Moreover, no sanctioned post of Lecturer (Commerce) exists at Swami Atmanand School, making her deputation unsustainable, while sanctioned posts, including one becoming vacant in October 2023, exist at her current place of posting, a relevant factor also overlooked by the respondents. 4. Learned counsel for the State opposes the submission made by learned counsel for the petitioner and submits that the impugned transfer order is passed in accordance with law. Therefore, this petition is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the documents with utmost care. 5 6. Considering the facts and circumstances of the case, this Court notes that the Coordinate Bench, by order dated 05.10.2023, was pleased to grant interim relief in favour of the petitioner. The petitioner has been serving at her transferred place of posting for more than two years and has completed the requisite tenure there. Without entering into the merits of the matter, this Court is of the view that the respondent authorities shall not give effect to the impugned transfer orders; accordingly, the orders dated 08.09.2023 (Annexure P/1) and 21.09.2023 (Annexure P/2) are hereby quashed. The respondent authorities, however, shall be at liberty to issue a fresh transfer order, if so required, in accordance with law. 7. Accordingly, with these observation(s) and direction(s) this petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena