1 2026:CGHC:18083 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8144 of 2022 * - Dolamani Patel S/o Shri Raghunath Patel Aged About 32 Years R/o Village Kodopali, Post Maldamal, Block Saraipali, District : Mahasamund, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Secretariat, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - Director Directorate Of Public Instructions, 1st Floor, 3rd Block, Indrawati Bhawan, HOD Building, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh 3 - Divisional Joint Director Public Instructions Directorate, Raipur, Chhattisgarh. 4 - Collector District Mahasamund, Chhattisgarh. 5 - The District Education Officer District Mahasamund, Chhattisgarh. 6 - President Phuljhar Seva Samiti, Saraipali, District : Mahasamund, Chhattisgarh 7 - President Buniyadi Paterapali Seva Samiti, Paterapali, District : Mahasamund, Chhattisgarh 8 - Head Master Phuljhar Primary School, Kodopali, District : Mahasamund, Chhattisgarh 9 - Head Master Basic Bapuji Primary School, Paterapali, District : Mahasamund, Chhattisgarh ... Respondents For Petitioner : Mr. Chandrasen Chauhan, Advocate For Respondents No. 1 to 5/ State : Mr. Kawal Jeet Singh Saini, Deputy Government Advocate Digitally signed by RAMESH KUMAR VATTI Date: 2026.04.22 18:51:20 +0530 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 21/04/2026 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That the Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of Petitioner and after its perusal allow the petition. 10.2 That the Hon’ble Court may kindly further be pleased to quash the impugned transfer order 22/08/2019 (Annexure P-1) issued by respondent No. 5 / DEO holding the same illegal in view of the order dated 17/04/2018 passed by this Hon’ble High Court in W.P.S. No. 1333/2016 (Ann. P-7). 10.3 That the Hon’ble Court may kindly further be pleased to quash the relieving order 23/08/2019 issued by respondent No. 8 (Annexure P-5) and joining report dated 23/08/2019 issued by respondent No. 8. 10.4 That the Hon’ble Court may kindly further be pleased to direct the Respondent authorities to decide the appeals submitted by petitioner (Annexure P-8 & P-9) within stipulated time. 10.5 That any other relief(s) or direction which the Hon’ble Court deems fit in the facts and circumstances of the case be also granted to the petitioner.” 2. Learned counsel appearing for petitioner would submit that the petitioner is posted on the post of Assistant Teacher (Government Aided), Phuljhar Primary School, Kodopali. He would further submit that the said school is 100% grant-in-aid institution. He would contend that the petitioner was transferred from Primary School Phuljhar to Basic Bapuji Primary School, Paterapali. He would further submit that the order of transfer was issued on 22.08.2019 by District Education Officer, Mahasamund. He would contend that the petitioner has challenged the said order on the ground that Basic Bapuji Primary School, Paterapali is not in existence as same has 3 been closed. He would submit that the services of the petitioner were transferred contrary to applicable rules. 3. On the other hand, learned Deputy Government Advocate appearing for the State/respondents No. 1 to 5 would oppose the submission made by learned counsel for the petitioner. 4. I have heard learned counsel for the parties. 5. The petitioner was transferred way back on 22.08.2019 and there is no interim order in his favour. It is contended that the said school i.e. Basic Bapuji Primary School, Paterapali has already been closed. 6. Taking into consideration above stated facts, the petitioner is permitted to make a representation before the District Education Officer, Mahasamund and authority concerned will decide it strictly in accordance with law. 7. With the aforesaid direction(s) / observation(s), this petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti