1 / 3 2026:CGHC:13359 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6743 of 2024 • Smt. Pushpa Pando W/o Ranglala Pando Aged About 38 Years Presently Working as In-Charge of Superintendent of Girls Hostel Biharpur, Block Odgi, District- Surajpur, Chhattisgarh --- Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, Department of School Education, Mantralaya Mahanadi Bhawan, Atal Nagar New Raipur, District Raipur, C.G. 2. The Collector Surajpur, District- Surajpur, C.G. 3. District Education Officer Surajpur, District- Surajpur, C.G. 4. Kumari Phileshwari Paikra Aged About....Years, Prsently Working As Teacher, At Middle School, Khohir, Block Odgi, District- Surajpur, Chhattisgarh --- Respondent(s) For Petitioner : Mr. Pankaj Kamlesh, Advocate For Respondents- State For Respondent No. 4 : Mr. Aditya Tiwari, Panel lawyer Mr. Sanjay Patel, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 19/03/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire record pertaining to the present case. 10.2 That, this Hon’ble Court may kindly be pleased to issue writ/ writs, order/ orders, direction/directions quashing the impugned transfer order dated 24.09.2024 (Annexure P-1) passed by respondent authority in respect of the petitioner. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief, which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel for petitioner submits that petitioner while working on the post of Assistant Teacher (L.B.) and in-charge Superintendent of Pre-Metric Girls Hostel, Biharpur, Block Odgi has been repatriated to Primary School, Khohir, Block Odgi, District Surajpur and in her place Respondent No. 4, who is also posted as Teacher at Middle School, Khohir, Block Odgi has been made in-charge of the above said hostel. Posting of Respondent No. 4, who is under probation, is erroneous as the employee who is under probation cannot be posted on deputation and therefore the order Annexure P-1, repatriating petitioner and posting Respondent No. 4, be quashed. 3. Learned counsel for State opposes the submission of learned counsel for petitioner and would submit that the hostels run under different setup. Petitioner is only working as Assistant Teacher and therefore she has been repatriated in the school for teaching. He submits that the order Annexure P- 1 is passed by the Collector for posting of Respondent No. 4. However, he does not dispute the status of Respondent No. 4 also to be Teacher under probation and no pleading has been made in the reply in specific terms. 4. Learned counsel for Respondent No. 4 also opposes the submission of learned counsel for petitioner. However, he does not dispute the submission with regard to status of Respondent No. 4 to be under probation at the time of passing of order Annexure P-1. 5. I have heard learned counsel for the parties and also perused the documents placed on record. 6. This Court while considering this petition, came up for hearing for the first time on 21.10.2024, has passed following order: “Taking into consideration the submission of the learned counsel for the parties, facts and 3 / 3 circumstances of the case, nature of grievance raised, purely as an interim measure, it is directed that the effect and operation of the order dated 24.09.2024 (Annexure P/1) shall remain stayed till the next date of hearing.” 7. Pursuant to the interim order passed by this Court, petitioner is still working as in-charge Hostel Superintendent. From the facts available in record and the submission made by learned counsel for the respective parties, it is not in dispute that petitioner as also Respondent No. 4 are employees of School Education Department and they can be posted in the hostels as in-charge only and not substantively. 8. In view of the above facts of the case, petitioner is continuously working as in-charge hostel Superintendent since last more than one year, I am of the view to allow this writ petition quashing the order Annexure P-1 and reserving liberty with the respondents to pass an order afresh for posting of Hostel Superintendent, if they so desire. 9. Accordingly, this writ petition is allowed and order Annexure P-1 dated 24.09.2024 is quashed. Respondents-authorities will be at liberty to pass order afresh, if they so desire, for posting of Hostel Superintendent at Pre- Metric Girls Hostel, Biharpur, Block Odgi, District Surajpur, C.G. 10. Accordingly, with the aforesaid observation and direction, this writ petition is disposed of. Sd/- (Parth Prateem Sahu) Judge pwn