1 CGHC010370732026 2026:CGHC:41396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6935 of 2026 Harishankar Bareth S/o Late Shri Tularam Bareth, Aged About 40 Years Working As Assistant Grade - 2, In The Office Of District Education Officer Raigarh Distt. Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Post Office Mantralaya, P. S. Rakhi, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director, Public Instructions Department, Indrawati Bhawan, Post Office Mantralaya, P. S. Rakhi, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 3 - The District Education Officer Raigarh Distt. Raigarh (C.G.) . ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Vipin Tiwari, Advocate For Respondent(s) : Shri Anil Pandey, Govt. Advocate SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.09.23 17:54:45 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 23.09.2026 1. The present writ petition has been filed by the petitioner questioning the legality and validity of the transfer order dated 06.08.2026 (Annexure P/1), whereby the petitioner, who is presently working as an Assistant Grade-II in the Office of the District Education Officer, Raigarh, has been transferred to Government Higher Secondary School, Hati, District Raigarh (C.G.). 2. Learned counsel for the petitioner submits that the petitioner belongs to the E-cadre, whereas the Government Higher Secondary School, Hati, District Raigarh, is an institution belonging to the T-cadre. By referring to the State Government circular dated 05.03.2019, it is contended that an employee of the E-cadre can only be posted in an E-cadre establishment, and any transfer of an E-cadre employee to a T-cadre school is strictly prohibited. In support of this contention, the learned counsel has drawn the attention of this Court to Annexure P/8, wherein the Principal of the said 3 school has officially certified that the Government Higher Secondary School, Hati, Raigarh falls under the T-cadre. Hence, the impugned transfer order is arbitrary, illegal, and contrary to the binding circular of the State Government. 3. Per contra, learned counsel for the State submits that the petitioner has already approached the District Education Officer by filing a representation (Annexure P/9). Taking cognizance of the said representation, the District Education Officer has already initiated steps and proposed a suitable posting for the petitioner in an E-cadre school. Therefore, the pending representation before the District Education Officer shall be considered and decided within a stipulated period. 4. I have heard learned counsel for the parties, perused the pleadings, and examined the documents placed on record. 5. It is not in dispute that the petitioner belongs to the E-cadre and that the Principal of Government Higher Secondary School, Hati, District Raigarh, has certified that the said school is a T-cadre institution. Transferring an E-cadre employee to a T-cadre school is prima facie contrary to the circular issued by the State Government dated 05.03.2019. However, taking note of the fact that the petitioner has already submitted a 4 representation (Annexure P/9) and that the District Education Officer has already formulated a proposal for necessary correction regarding his posting in an E-cadre school, the respondent No. 3 / District Education Officer, Raigarh, is directed to consider and decide the pending representation of the petitioner (Annexure P/9) in accordance with the law and the circular dated 05.03.2019, within a period of 30 days from the date of receipt of a copy of this order. Pending consideration and final decision on the representation by the District Education Officer, the effect and operation of the impugned transfer order dated 06.08.2026 (Annexure P/1), transferring the petitioner from the Office of the District Education Officer, Raigarh, to Government Higher Secondary School, Hati, District Raigarh, shall remain stayed. 6. With the aforesaid observations and directions, the writ petition stands allowed to the extent indicated above. Sd/- (Bibhu Datta Guru) JUDGE Shoaib