1 - Sardoo Ram Mandavi S/o Ghadva Ram Mandavi Aged About 38 Years R/o v. 1 - State Of Chhattisgarh Through Secretary Of Department Of School Education, Mahanadi Bhavan
Case Details
1 2025:CGHC:34991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8301 of 2025 1 - Sardoo Ram Mandavi S/o Ghadva Ram Mandavi Aged About 38 Years R/o H. No. 99, Mararpara, Jadapadar, Bhandarsivani, Kondagaon, Dist. Kondagaon (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Of Department Of School Education, Mahanadi Bhavan, Nava Raipur, Atal Nagar, Raipur (C.G.) 2 - Collector Kondagaon Collectorate, Dist. Kondagaon (C.G.) 3 - Assistant Commissioner Tribal Development Kondagaon Dist. Kondagaon (C.G.) 4 - Directorate Of Public Education Chhattisgarh 1st Floor Indravati Bhawan, New Raipur, Raipur C.G. 5 - District Education Officer Dist. Kondagaon C.G. 6 - Balak Ashram Shala Kosagaon, Dist. Kondagaon C.G. 7 - Primary School Keradihi Block Baderajpur, Dist. Kondagaon (C.G.) ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s)
Legal Reasoning
: Mr. Raza Ali, Advocate For Respondent(s)/State : Mr. Vinay Pandey, Deputy A.G. Hon'ble Shri Justice R avindra Kumar Agrawal VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.24 19:03:37 +0530 Order on Board 2 22/07/2025 1. The petitioner has filed the present writ petition against the impugned transfer order dated 03.06.2025 (Annexure P/1), whereby the petitioner, who is the Headmaster (LB) has been transferred from Boys Ashram School, Kosagaon to Primary School, Keradihi, Block Baderajpur under the Rationalization Instructions dated 02.08.2024
Decision
and he prayed the following reliefs in the writ petition :- “A. A writ and/or an order in the nature of writ of appropriate nature do issue commanding and directing the respondents to produce before this Hon'ble Court all relevant records the pertaining to the case of the petitioners for its kind perusal. B. A writ and/or an order in the nature of writ of appropriate nature do issue quashing the Transfer Order dated 03.06.2025, passed by the respondent no. 5 (Annexure P-1) being illegal, arbitrary and not sustainable in law Or May pass any Order protecting the rights and interest of the petitioner. And/or Direct the respondents to decide the representation of the petitioner within any specified time span as this Hon'ble Court thinks fit in the facts and circumstances of the case. C. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case. D. Cost of the petition may also be awarded.” 2. Learned counsel for the petitioner would submit that, the petitioner is a Headmaster and was posted at Boys Ashram School, Kosagaon. Vide order dated 30.08.2024, he was temporarily assigned the charge of Superintendent, Boys Ashram School, Bhandarsivni, Block Farasgaon, 3 and he has been transferred vide impugned transfer order dated 03.06.2025 from Boys Ashram School, Kosagaon to Primary School, Keradihi. He would submit that on 26.05.2025, the respondent No. 4 issued an instruction (Annexure P/4) to the authorities concerned that the Superintendents of the Ashram Schools are to be counted at their original place of posting. He would also submit that on 10.06.2025 (Annexure P/5), the Collector, South Bastar, Dantewada has suspended the Block Education Officer of Block Geedam, South Bastar, Dantewada for violation of the Rationalization Instructions that the Ashram Superintendents are to be exempted from Rationalization, yet the Block Education Officer, Geedam has not followed the said instructions. He would also submit that the petitioner has moved his representation on 12.06.2025, but till date his representation has not been considered. Since, the Ashram Superintendents have been exempted from Rationalization, the transfer of the petitioner is against with the Rationalization Instructions is liable to be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, would submit that in the Rationalization Instructions dated 02.08.2024, there is no exemption of Ashram Superintendents from their Rationalization. The petitioner, who was the Headmaster and was posted at Boys Ashram, Kosagaon was temporarily assigned additional charge of Superintendent, Boys Ashram School, Bhandarsivni on 30.08.2024. He would further submit that the substantive post of the petitioner is Headmaster and from the instructions dated 26.05.2025, it is clear that the Superintendents of 4 Ashram Schools are to be counted at their original place of posting. The petitioner was also posted at Boys Ashram, Kosagaon and he has been transferred from there to Primary School, Keradihi. He would also submit that the order dated 10.06.2025 (Annexure P/5) is passed by the Collector, South Bastar, Dantewada, which is on the facts and circumstances of their own case against Block Education Officer, Geedam, District South Bastar, Dantewada and the petitioner cannot take benefit of the same for his own case. Therefore, there is no sufficient ground in the writ petition and the same is liable to be dismissed. 4. I have heard learned counsel for parties and perused the material annexed with the petition. 5. The petitioner, who is a Headmaster, was posted at Boys Ashram, Kosagaon and has been transferred to Boys Ashram School, Bhandarsivni. The petitioner is claiming that the Superintendents of Ashram Schools are exempted from Rationalization. The petitioner could not demonstrate from the Rationalization Instructions dated 02.08.2024 that the Superintendents of Ashram Schools are exempted from Rationalization. The petitioner has taken shelter of the instructions dated 26.05.2025 (Annexure P/4), in which it has been mentioned that the Superintendents of Ashram Schools shall be counted in their original place of posting. Vide order dated 30.08.2024, the petitioner was assigned the charge of Superintendent, Ashram School, Bhandarsivni, temporarily, but as per the instructions dated 26.05.2025, the petitioner is to be counted at his original place of 5 posting i.e. Boys Ashram, Kosagaon. The order dated 10.06.2025, issued by the Collector, South Bastar, Dantewada is on its own merits with respect to the case of Block Education Officer, Geedam, District South Bastar, Dantewada. The petitioner could not be extended any benefit of the order dated 10.06.2025 (Annexure P/5). 6. It is a trite law that transfer/posting is an incidence of service, the Court should not interfere with the transfer/posting order, unless there is malice, infringement of statutory rules and regulations. The employees may be posted anywhere at the instance of the employer in public interest and administrative exigency. Further, it is for the government to post another person, if any vacancy arises on account of transfer/posting of an employee. [see Airport Authority of India v. Rajiv Ratan Pandey and others, 2009 (8) SCC 337 and Chief Commercial Manager, South Central Railway, Secunderabad and others v. G. Ratnam and others, 2007 (8) SCC 212 and also Shilpi Bose (Mrs.) and others v. State of Bihar and others, 1991 Suppl. 2, SCC 659]. Further, from the documents annexed with the petition and the instructions submitted by the respondents/State, this Court do not find any scope of interference in this petition. 7. In view of the above settled legal position and also in the facts and circumstances of the case, no case for interference with the impugned order is made out. Accordingly, the writ petition is dismissed. ved Sd/- (Ravindra Kumar Agrawal) Judge