1 CGHC010372492026 2026:CGHC:41568 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6978 of 2026 Gopal Shukla S/o Shri Nand Kumar Shukla Aged About 42 Years Presently Working As Lecturer (Sanskrit), District Institute Of Education And Training (Diet), Durg (Achhoti), Distt. Durg, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur, Chhattisgarh. 2 - The Director Directorate Of Public Instruction (Dpi), Indravati Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh. 3 - The Director State Council Of Educational Research And Training (Scert), Bti Ground, Shankar Nagar, Raipur, Chhattisgarh. 4 - The Principal District Institute Of Education And Training (Diet), Durg (Achhoti), District Durg, Chhattisgarh. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.09.25 16:19:21 +0530 2 5 - The Principal Government Higher Secondary School, Deori, Block Dhamdha, Distt. Durg, Chhattisgarh. ... Respondent(s) Cause title taken from CIS( ) For Petitioner(s) : Shri R.K. Verma, Advocate For Respondent(s) : Shri Vinay Pandey, Dy. Advocate General along with Shri Sangharsh Pandey, Govt. Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 24.09.2026 1. By the present petition, the petitioner has prayed for following reliefs:- “(a) issue a Writ of Certiorari, or any other appropriate writ, order or direction, quashing and setting aside the impugned Order No. ESTB- 102/1087/2026/20- 3 dated 03.09.2026 (Annexure P/1), issued by Respondent No.1, insofar as it transfers the Petitioner from DIET Durg (Achhoti) to Government Higher Secondary School, Deori, Block Dhamdha, District Durg; (b) issue a Writ of Mandamus, or any other appropriate writ, order or direction, commanding the Respondents to permit the Petitioner to continue to function as Lecturer 3 (Sanskrit) at DIET Durg (Achhoti), District Durg, and to decide the Petitioner's pending representations dated 10.09.2026 (Annexure P/5) in accordance with law and the Transfer Policy, 2025 (Annexure P/4); (c) pending final hearing and disposal of this petition, stay the operation and implementation of the impugned Order dated 03.09.2026 (Annexure P/1); (d) grant any other relief(s) as this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case, in the interest of justice” 2. Learned counsel for the petitioner submits that, by the impugned order, the petitioner has been repatriated from the District Education and Training Centre, Durg, to Government Higher Secondary School, Deori, Block Dhamdha, District Durg. He submits that the petitioner is presently posted at the District Education and Training Centre, Durg, pursuant to the order passed by the State Government vide order dated 30.12.2020, whereby the petitioner was posted as Lecturer (L.B.) in Sanskrit. Learned counsel for the petitioner submits that, once the petitioner was transferred to and has been continuing at the present place of posting, the impugned 4 order could not have been passed by treating the order dated 30.12.2020 as an order of deputation. According to learned counsel, the order dated 30.12.2020 is merely a transfer order issued by the State Government and does not indicate that the petitioner was posted on deputation. 3. Learned State counsel, on instructions, submits that in the order dated 30.12.2020, by which the petitioner was posted as Lecturer at the District Education and Training Centre, Durg, the word “deputation” was inadvertently omitted. He submits that, therefore, the impugned order repatriating the petitioner to his original place of posting is just and proper and does not suffer from any illegality. 4. I have heard learned counsel for the parties and perused the order dated 30.12.2020, Annexure P/2. 5. From a perusal of the said order, it appears that the petitioner, along with 23 other employees, was transferred within District Durg, and the name of the petitioner finds place at Serial No. 6. By the said order, the petitioner was transferred from Government High School, Balaji Nagar, Khursipar, Bhilai, District Durg, to the District Education and Training Centre, Durg, Achhoti, Block Dhamdha, District Durg, on 5 administrative grounds. 6. From a perusal of Annexure P/2, the said order appears to be an order of transfer, and there is nothing therein to indicate that the petitioner was posted at his present place of posting on deputation. On the other hand, Annexure P/1 is the order whereby the petitioner has been repatriated to Government Higher Secondary School, Deori, Block Dhamdha, District Durg, treating his earlier posting pursuant to the order dated 30.12.2020 as being on deputation. 7. In view of the aforesaid discrepancy in the orders, particularly with regard to the nature of the petitioner's posting pursuant to the order dated 30.12.2020, the impugned order dated 03.09.2026, insofar as it relates to the repatriation of the petitioner, is hereby quashed. However, the respondents shall be at liberty to pass an appropriate order afresh, in accordance with law, if so desire. 8. The writ petition is allowed to the above extent. Sd/- (Bibhu Datta Guru) Judge shoaib