1 CGHC010257332026 2026:CGHC:28980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5207 of 2026 Smt. Sarita Toppo W/o Anil Kumar Toppo Aged About 46 Years Posted As Superintendent At Kasturba Gandhi Aavasiy Vidyalay Gaurela District- Gaurella- Pendra- Marwahi (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District- Raipur (C.G.) 2 - Managing Director, Samagra Shiksha State Office Pension Bada Raipur (C.G.) 3 - Collector Cum District Mission Director, Samagra Shiksha Gaurella - Pendra - Marwahi District- Gaurella- Pendra- Marwahi (C.G.) 4 - District Education Officer Gaurella - Pendra - Marwahi District- Gaurella- Pendra- Marwahi (C.G.) 5 - District Mission Co- Ordinator Samagra Shiksha District- Gaurella- Pendra- Marwahi (C.G. SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.07.14 10:49:29 +0530 2 6 - Smt. Mamta Dwivedi Posted As Superintendent, At 100 Seater Girls Hostel Gaurela District- Gaurella- Pendra- Marwahi (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Ms. Zainab Mustafa Vanak, Advocate For Respondents/ State : Mr. Vivek Verma, Govt. Advocate For Respondents No. 2, 3 & 5 : Ms. Ananksha Jain, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 10/07/2026 1. By the present writ petition, the petitioner seeks quashment of the order dated 18.06.2026 (Annexure P-1) passed by the District Education Officer, Gaurella-Pendra-Marwahi, whereby the petitioner has been relieved from the post of In-charge Superintendent, Kasturba Gandhi Aawasiya Vidyalaya, Gaurella, and directed to report back to her parent institution i.e. Government Higher Secondary School, Jogisar, Block Gaurella. 2. Learned counsel for the petitioner submits that the petitioner was initially appointed as Lecturer and was subsequently posted as In- charge Superintendent, Kasturba Gandhi Aawasiya Vidyalaya, Gaurella. Though an earlier order cancelling her posting was challenged before this Court in WPS No.1405/2023, during the pendency of the said petition, the petitioner was transferred under the rationalization policy from Government Higher Secondary School, Lalpur to Government Higher Secondary School, Jogisar, where she joined on 09.06.2025. Thereafter, by order dated 3 17.07.2025, the petitioner was again directed by the District Education Officer to discharge duties as In-charge Superintendent at Kasturba Gandhi Aawasiya Vidyalaya, Gaurella, where she joined and has been continuously working. Learned counsel further submits that after WPS No.1405/2023 was disposed of as having become infructuous on 16.09.2025, the respondent authorities have misconstrued the said order and, by the impugned order dated 18.06.2026, have relieved the petitioner from the post of In-charge Superintendent and directed her to report back to her parent school. It is contended that the impugned order is based on a complete misinterpretation of the order passed by this Court and has been issued without any independent administrative decision or justification. Hence, the impugned order is arbitrary, illegal and unsustainable in law. 3. Per contra, learned counsel appearing for the respective respondents would submit that the impugned order has been passed solely on account of administrative exigency. It is further contended that the petitioner has merely been relieved to report to her parent institution and that no illegality or arbitrariness has been committed by the respondent authorities warranting interference by this Court. 4. I have heard learned counsel for the parties and perused the material available on record. 4 5. From perusal of the impugned order, it is evident that the petitioner has been relieved from the post of In-charge Superintendent on account of administrative exigency. The respondents, being the competent administrative authority, are well within their jurisdiction to issue such an order in the interest of administration. Unless such exercise of power is shown to be arbitrary, mala fide or contrary to any statutory provision, the same does not call for interference by this Court. 6. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court finds that the petitioner has failed to demonstrate that the impugned order suffers from any mala fides or statutory violation. The respondents have categorically stated that the impugned order has been passed on account of administrative exigency. It is well settled that transfer, posting and relieving of an employee are incidents of service and ordinarily do not warrant interference in exercise of writ jurisdiction unless shown to be vitiated by mala fides or in violation of any statutory provision. No such ground has been made out in the present case. 7. As far as the contention of the petitioner regarding the alleged misinterpretation of the order dated 16.09.2025 passed by this Court in WPS No. 1405/2023 is concerned, the said writ petition was disposed of as having become infructuous, as the petitioner had subsequently been transferred to a different place under the rationalization policy. After such transfer, the earlier order 5 assigning the charge of Superintendent, Kasturba Gandhi Aawasiya Vidyalaya, Gaurella lost its efficacy. Hence, I do not find any illegality in the issuance of a fresh order withdrawing the said charge. Thus, this Court finds no reason to interfere with the impugned order dated 18.06.2026. 8. Accordingly, the writ petition, being devoid of merits, is hereby dismissed. No order as to costs. Sd/- (Bibhu Datta Guru) JUDGE $. Bhilwar