1 CGHC010325482026 2026:CGHC:37522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6268 of 2026 Hemant Kumar Dewangan S/o Lakhan Lal Dewangan Aged About 57 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Jhola, Block Durg, District Durg (C.G.) ... Petitioner versus 1 – State of Chhattisgarh Through the Under Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.) 2 - Director Directorate of Public Instructions, Indrawati Bhawan, Atal Nagar Nawa Raipur, District Raipur (C.G.) 3 - Joint Director Education Division Durg, District Durg (C.G.) 4 - District Education Officer Durg, District Durg (C.G.) ... Respondents For Petitioner : Mr. Govind Dewangan, Advocate For State/Respondent : Mr. Suyashdhar Badgaiya, GA (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 21/08/2026 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.08.22 12:29:40 +0530 2 1. By the present petition, the petitioner seeks setting aside the impugned order dated 06.08.2026 whereby he has been transferred from Government Middle School, Jhoa, Durg to Government Middle School, Jhitiya, Balod. 2. Learned counsel for the petitioner would submit that at the present place of posting there is no English Teacher and on account of transfer of the petitioner, the studies of the students will be disturbed because no one is posted in his place. He would also submit that at the transferred place already one English Teacher is posted and as such without there being any administrative exigency the impugned order has been passed. 3. Per contra, learned State would oppose the submissions advanced by learned counsel for the petitioner. He would submit that it is not for the employee or a Teacher to question the order of transfer. He would submit that after considering all the aspects of the matter and owing to the administrative exigency the order impugned has been passed. The same is just and proper warranting no interference by this Court. 4. I have heard learned counsel for the parties and perused the documents. 5. It is a trite law that transfer/posting is an incidence of service. The Court should not interfere with the transfer/posting order unless there is malice, infringement of statutory rules and regulations. The employees may be posted anywhere at the instance of the employer in public interest and administrative exigency. Further, it is for the Government to post another person if any vacancy arises on account of transfer/posting of an employee. 3 6. Considering the entire facts and circumstances of the case, this Court is of the considered view that the petitioner has failed to establish his case so as to warrant any interference of this Court. 7. Accordingly, the instant petition is dismissed. SD/- SD/- (Bibhu Datta Guru) JUDGE ashu