1 2025:CGHC:59295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6136 of 2023 1 - Hemlal Nishad S/o Daulat Ram Nishad Aged About 38 Years Teacher (English) Government Middle School Kurrubhata Block Mainpur, District Gariyaband (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.) 3 - Divisional Joint Director Education Division Raipur Integrated Education Premises, 1st Floor Pension Bada Raipur District Raipur (C.G.) 4 - District Education Officer Gariyaband District Gariyaband (C.G.) ... Respondent(s) For Petitioner(s) : Ms. Apoorva Pandey, Advocate on behalf of Mr. Mateen Siddiqui, Advocate For State : Mr. Devesh G. Kela, P.L. (Hon’ble Shri Justice Amitendra Kishore Prasad) VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Order on Board 05.12.2025 1. The present writ petition has been preferred questioning the arbitrary and irregular action of the respondent authorities in relation to the promotional avenue of the post of Teacher (Middle School), inasmuch as the respondents have failed to consider the petitioner’s actual place of posting at Government Middle School, Bodrabandha, Block Chhura, and have instead erroneously treated his posting as that of Government Middle School, Kurrubhata, contrary to the guidelines dated 29.03.2023 issued by the Under Secretary, School Education Department. Such non- consideration of the correct place of posting has adversely affected the petitioner’s legitimate claim for promotion and is unsustainable in the eye of law. 2. By way of this petition, following reliefs have been prayed:- “10.1 The Hon'ble Court may kindly be pleased to direct the respondent State to consider the change of posting place of the petitioner at Government Middle School Gadaghat or Government Middle School Bodrabandha in place of Government Middle School Kurrubhata Block Mainpur District Gariyaband, or any nearby school in Chhura Block, as per the guideline/direction Dated 29.03.2023 issued Under Secretary, School Education Department. 3 10.2 The Hon'ble Court may kindly be pleased to direct the respondent State to grant any other relief which this Hon'ble Court deems fit and proper in favour of the petitioner as per the facts & circumstance of the present case, in the ends of justice.” 3. Brief facts of the case are that the petitioner was initially posted as Assistant Teacher (L.B.) at Government Primary School Kumharmara, Block Chhura, District Gariyaband; that upon recommendation of the Departmental Promotion Committee he was promoted to the post of Teacher, whereafter the Divisional Joint Director, Raipur issued a memo dated 09.05.2023 directing Assistant Teachers (English) to appear for counselling on 21.05.2023, providing a list of 34 schools while concealing the availability of schools under Chhura Block, despite there being 178 vacant posts of Teacher (T-Cadre, English) out of 829 in Raipur Division; that vide order dated 25.05.2023 the petitioner was promoted and posted at Government Middle School Kurrubhata, Block Mainpur, District Gariyaband, and in view of the stipulation at Serial No.9 of the promotion order, which stated that refusal of promotion would disentitle an employee from future benefits of promotion/time-scale under GAD circular dated 23.09.2012, the petitioner duly accepted and joined the said place of posting; that the Director, Directorate of Public Instruction, Raipur had earlier issued guidelines dated 07.02.2022 mandating 4 that posting on promotional posts shall be made by giving priority to teacher-less or single-teacher schools within the same block or, if not available, to the nearest block, and further the Under Secretary, School Education Department had issued another set of guidelines dated 29.03.2023 containing six norms for promotional postings; that in complete disregard of the said guidelines dated 07.02.2022 and 29.03.2023, the respondent Divisional Joint Director failed to consider the petitioner’s candidature for available vacant posts at Government Middle School Gadaghat or Government Middle School Bodrabandha, both in Block Chhura, and instead posted him at Government Middle School Kurrubhata, Block Mainpur, situated about 160 km from his existing place of posting; that the petitioner thereafter submitted a representation dated 02.06.2023 requesting reconsideration of his posting to the aforesaid vacant schools in Block Chhura, but no action has been taken; and that the impugned action of the respondents is illegal, arbitrary, violative of the binding guidelines, passed without affording any opportunity of hearing, and is therefore contrary to the principles of natural justice. 4. 4. Learned counsel for the petitioner, after arguing the matter for some time, submits that the petitioner has prayed in the writ petition for a change of place of posting, and therefore requests that the respondent authorities be directed to consider the representation/application for change of posting and decide the 5 same in accordance with law. It is submitted that the petitioner has already placed before the authorities certain personal and service- related grounds for seeking a change of posting, but no decision has been taken so far, resulting in hardship. Hence, a limited prayer is made for consideration of the request by the competent authority within a reasonable time. 5. On the other hand, learned State counsel submits that the matters of transfer and posting fall within the domain of the administration and are governed by rules, transfer policy, and administrative exigencies. However, they do not dispute that the petitioner’s representation can be examined in accordance with law. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Having considered the limited nature of the prayer and without entering into the merits of the posting sought by the petitioner, this Court is of the view that the ends of justice would be met if the respondent authorities are directed to consider the petitioner’s representation expeditiously. The competent authority shall examine the petitioner’s request on its own merits and in accordance with applicable rules, transfer policy, and administrative exigencies, and shall pass a reasoned and speaking order. The above exercise shall be completed within a period of 45 days from the date of receipt of a certified copy of this order. 6 8. It is made clear that this Court has not expressed any opinion on the merits of the petitioner’s request for transfer, nor has it directed any specific posting. The consideration and final decision shall rest entirely with the competent authority. 9. With these observations and directions, the writ petition stands disposed of. No order as to cost(s). sd/- (Amitendra Kishore Prasad) Judge Vishakha