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2026 DAILYLAW 32699 (CHH)

DOOJ BAI KANWAR v. STATE OF CHHATTISGARH

WPS/6181/2026 · 2026-08-19

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010318912026 2026:CGHC:37479 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6181 of 2026 Dooj Bai Kanwar W/o Shri Kundan Lal Aged About 52 Years Presently Posted As Head Master At Govt. Primary School Bichpara Parkhanda, Block- Kurud, District- Dhamtari (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of School Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2. Department Of Public Instruction Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3. Joint Director Education Department Division Raipur, District- Raipur (C.G.) 4. District Education Officer Dhamtari, District- Dhamtari (C.G.) 5. Block Education Officer Block Kurud, District- Dhamtari (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Pramod Ramteke, Advocate For Respondents/ State : Ms. Anuja Sharma, Dy. G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 20/08/2026 1. Learned counsel for the petitioner submits that the petitioner has filed the present writ petition challenging the impugned transfer JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.08.21 10:58:05 +0530 2 order dated 06.08.2026 (Annexure P/1), whereby the petitioner has been transferred from Government Primary School, Bichpara, Parkhanda, Block Kurud, District Dhamtari to Government Primary School, Lader, Block Magarlod, District Dhamtari. It is submitted that the petitioner is presently working as Head Master, whereas the impugned transfer order has been issued treating the petitioner as an Assistant Teacher. It is further submitted that the transferred place is already occupied by another Head Master and, therefore, there is no vacant post. He further submits that on the last date of hearing learned State counsel was directed to seek instructions as to why the petitioner, who is presently posted as Headmaster has been transferred by treating her as an Assistant Teacher. 2. Learned State counsel, on instructions, submits that although the petitioner is presently posted as Head Master, due to some confusion or mistake, the petitioner has been transferred by treating her as an Assistant Teacher from Government Primary School, Bichpara, Parkhanda, Block Kurud, District Dhamtari to Government Primary School, Lader, Block Magarlod, District Dhamtari. 3. I have heard learned counsel for the parties and perused the documents available on record. 4. In view of the submission made by learned State counsel, it is not in dispute that the petitioner is working as a Head Master and that 3 the impugned transfer order dated 06.08.2026 has been issued treating the petitioner as an Assistant Teacher. Thus, the impugned order appears to have been passed due to a mistake and without proper application of mind. Accordingly, the impugned transfer order dated 06.08.2026, to the extent it relates to the petitioner, is hereby quashed. 5. However, the respondents shall be at liberty to pass a fresh order, if so advised, in accordance with the applicable rules and transfer policy. 6. Accordingly, the present writ petition is allowed. Sd/- (Bibhu Datta Guru) JUDGE Jyoti