1 CGHC010193462022 2026:CGHC:37049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4025 of 2022  Atul Kumar Ahirwar S/o Shri Anup Kumar Aged About 33 Years Posted As Asstt. Professor, At- Govt. Kavyopadhyay Hiralal College, Abhanpur, District Raipur (Chhattisgarh) R/o H.No. F-2, Vishal Nagar, Telibandha, Raipur, District : Raipur, Chhattisgarh ... Petitioner(s) versus  State Of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mantralay, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur (Chhattisgarh) ... Respondent(s) For Petitioner : Mr. R.K. Kesharwani, Advocate For Respondent : Mr. Abhishek Singh, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 19.8.2026 1) By way of this petition, the petitioner has sought following reliefs:- a. This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus or suitable direction to the respondent for quashing the impugned order, dt. 08/06/2022 Annexure P/1 so far as concern the posting of the petitioner. b. May kindly be pleased to direct the respondent for continuation of the petitioner at the present place of posting i. e. Govt. Kavyopadhyay Hiralal College, Abhanpur, District - Raipur [C. G.]. c. May kindly be pleased to allow any other relief as the Hon'ble Court may be deemed fit and proper. d. Cost of petition may kindly be allowed. 2 2) Facts of present case are that petitioner was appointed to the post of Assistant Professor at Govt. Kavyopadhyay Hirala College, Abhanpur, District Raipur vide order dated 29.4.2022 and he joined at the place of posting on 25.5.2022. Thereafter, respondent vide order dated 29.4.2022 modified its earlier order and transferred petitioner to Govt. Naveen College, Silouti, District Dhamtari. 3) Learned counsel for the petitioner submits that an executed order cannot be cancelled/ modified/ rescinded therefore respondent authority ought to have issued a fresh transfer order instead of modifying its earlier order. He prays to allow this petition. 4) On the other hand, learned counsel appearing for the respondent would oppose. He submits that petitioner was transferred on account of administrative exigency therefore order impugned is just and proper and this petition deserves to be dismissed. 5) Heard. 6) It appears that petitioner was appointed as Assistant Professor in Govt. Kavyopadhyay Hirala College, Abhanpur, District Raipur vide order dated 29.4.2022 and he joined at the place of posting on 25.5.2022. Thereafter, respondent vide order dated 8.6.2022 modified its earlier order and transferred the petitioner to another place, though the previous order was duly executed therefore, in my opinion, the order dated 8.6.2022 pertaining to the petitioner is 3 not sustainable in the eyes of law. 7) Accordingly, order dated 8.6.2022 pertaining to the petitioner is hereby quashed and this petition is allowed. 8) Interim relief granted earlier is hereby vacated. 9) However, respondent would be at liberty to issue fresh transfer order, if exigency arises. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.08.19 14:39:46 +0530