1 CGHC010314602026 2026:CGHC:36216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6152 of 2026 1 - Pradeep Biswas S/o Shri Amulya Kumar Biswas Aged About 61 Years Occupation Service, Posted As Principal, Government Higher Secondary School, Block - Koyalibeda, Distt North Bastar Kanker Chhattisgarh R/o P V 46, Ward No. 1, Pakhanjur, Distt. North Bastar Kanker Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Mahanadi Bhawan, Capital Complex Naya Raipur, Atal Nagar, Distt. Raipur Chhattisgarh 2 - Director Directorate Of Public Instructions Raipur, District Raipur Chhattisgarh 3 - Divisional Joint Director Jagdalpur, Education Division Jagdalpur, Distt. Bastar Chhattisgarh 4 - Collector Kanker Distt. North Bastar Kanker Chhattisgarh 5 - District Education Officer Kanker Distt. North Bastar Kanker Chhattisgarh 6 - District Education Officer Sukma Distt. Sukma Chhattisgarh 7 - Block Education Officer Koyalibeda, Distt. North Bastar Kanker Chhattisgarh Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Rajendra Patel, Advocate For State : Ms. Diksha Gouraha, Dy.G.A. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.08.14 18:27:27 +0530 2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 14/08/2026 1. By the present petition, the petitioner is questioning the impugned transfer order dated 06/08/2026 issued by the respondent authorities, by which, the service of the petitioner has been transferred from Government Higher Secondary School Matoli, Block Koyalibeda, District North Bastar Kanker to the option of District Education Officer, District Sukma. 2. Learned counsel for the petitioner submits that the petitioner is going to be retired from his service in the month of May, 2027, which is less than one year and vide impugned transfer order dated 06/08/2026, the petitioner has been transferred from his present place of posting, i.e., Government Higher Secondary School, Matoli, Block Koyalibeda, District North Bastar Kanker, to the office of the District Education Officer, Sukma. This transfer is illegal and violates Clause 3.12 of the Transfer Policy of the State Government dated 05/06/2025. It is therefore prayed that the impugned transfer order may be quashed and the petitioner be allowed to continue at his present place of posting till his retirement in May, 2027. 3. Learned counsel for the respondents/State would oppose the aforesaid submission and submits that the order impugned has been passed looking to the administrative exigency and there is 3 no illegality or infirmity in the said order. He further submits that though the petitioner is due to retire in May, 2027 but he has been serving at his present place of posting for the last 30 years. 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. Clause 3.12 of the Transfer Policy of the State Government dated 05/06/2025 reads thus:- “ न सय स व स व नव ए ए व समय रह गय ह। उह गह म अथव उन व!प म पद$ य स ग, य%द समय प&'त प)रप* अन&सर यह ” अन&+ य ह। 6. Upon perusal of aforesaid clause, it is apparent that the Government servants who have one year or less remaining before retirement may be posted in their home district or in a district of their choice. 7. In the present case, the petitioner is going to retire in the month of May, 2027 and, therefore, has less than one year of service remaining. In view of the specific provision contained in Clause 3.12 of the Transfer Policy, the petitioner is entitled to consideration for posting in his home district or in the district of his choice. The respondents have not shown any exceptional circumstance or material to justify transferring the petitioner to a different place when he has less than one year of service left. The plea of administrative exigency, by itself, cannot justify the transfer in the facts and circumstances of the present case. Consequently, 4 the impugned transfer order dated 06.08.2026, insofar as it relates to the petitioner, is hereby quashed and the petitioner be permitted to continue at his present place of posting, i.e., Government Higher Secondary School, Matoli, Block Koyalibeda, District North Bastar Kanker, till his retirement. 8. Accordingly, the present petition is allowed. SD/- (Bibhu Datta Guru) Judge Amardeep