1 - Shyam Ratan Khande S/o Late Shri Bhakoli Ram Khande Aged About 60 v. 1 - State Of Chhattisgarh Through Its Secretary School Education Department, Mantrlalaya, Mahanadi Bhawan
Case Details
Page 1 of 5 2025:CGHC:47385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10233 of 2025 1 - Shyam Ratan Khande S/o Late Shri Bhakoli Ram Khande Aged About 60 Years Earlier Working As Block Education Officer, Baloda, District Janjgir- Champa (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary School Education Department, Mantrlalaya, Mahanadi Bhawan, Atal Nagar, Ps And Po Rakhi, Nava Raipur, District Raipur (C.G.) 2 - Under Secretary School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Ps And Po Rakhi, Nava Raipur, District Raipur (C.G) 3 - Transfer Committee Of Senior Secretaries Through The Coordinator And Secretary, General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 4 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 5 - Divisional Joint Director (Education) Education Division Bastar, Jagdalpur (C.G.) 6 - District Education Officer District Janjgir-Champa (C.G.) 7 - District Education Officer District Bastar (C.G.) 8 - Ravi Kumar Gautam Presently Working As In-Charge Block Education Officer, Baloda, District Janjgir-Champa (C.G.) ... Respondents For Petitioner
Legal Reasoning
the judgment passed by Hon’ble the Division Bench of this Court in case of G.S. Dhiwar Vs. State of Chhattisgarh and Others in WA No. 664 of 2022 decided on 16.01.2023. 4. Per contra learned State counsel opposing the submission made by learned counsel for the petitioner would submit that it is not prerogative of the Officer to allow duty of the petitioner on the count of non- availability of post. Once the Government has transferred a Page 4 of 5 government servant, it is incumbent upon the government servant to join his place of posting irrespective of the availability of vacant post and would pray for rejection of the petition. 5. I have heard learned counsel for the parties and perused the documents placed on record with utmost satisfaction. 6. From bare perusal of the petition, the petitioner has nowhere mentioned the date since when he has been posted in the present place of posting but on the contrary learned counsel for the petitioner would inform this Court that the petitioner has been posted in the present place of posting since 2019 and more than 06 years has already been lapsed. The petitioner’s original post is Principal and the post wherein he has been transferred is Incharge, Block Education Officer which is not substantial post of the petitioner. The Government can very well examine the issue and can pass the order in favour of the petitioner directing him posting as a Principal where the post is
Arguments
: Mr. Ghanshyam Kashyap, Advocate For State : Mr. Khulesh Sahu, Panel Lawyer BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.09.25 10:54:14 +0530 Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 16.09.2025 Page 2 of 5 1. The petitioner who is working as Principal has filed this petition assailing the order dated 10.07.2025 passed by respondent No. 2 by which he has been transferred from Block Education Officer, Baloda, District Janjgir Champa to Block Education Officer, Tokapal, District Bastar on administrative ground as also order dated 14.07.2025 issued by the District Education Officer Baloda, District Janjgir Champa whereby the petitioner has been relieved to join at transferred place of posting. 2. The facts as reflected from record are that the petitioner whose substantial post is Principal, Higher Secondary School and was Incharge Block Education Officer, Balod, District Janjgir Champa has been transferred as Block Education Officer, Tokapal, District Bastar on administrative ground. The said transfer has been been assailed by the petitioner before this Court and in pursuance of the said transfer order, he has already been relieved by the District Education Officer vide order dated 14.07.2025, thereafter he has filed writ petition bearing WPS No. 8114 of 2025 before this Court wherein this Court vide order dated 23.07.2025 has directed the petitioner to make representation and till the representation is decided no coercive steps will be taken against the petitioner. In compliance of the order dated 23.07.2025 the petitioner submitted representation before the Transfer Committee and Secretary, General Administration Department, Transfer Committee which has not been decided as such the petitioner went for joining to his transferred place of posting. Thereafter he has been informed by Page 3 of 5 the District Education Officer, Bastar to the Joint Director, Jagadalpur vide memo dated 14.08.2025 that Smt. Poonam Salam, Assistant Block Education Officer is working as Incharge, Block Education Officer, Block Tokapal, District Bastar, therefore two Executing Officer has been appointed then the administration will be adversely affected and accordingly the petitioner was not allowed to join the said place of posting. Therefore, he has filed this petition for quashing of the impugned transfer order as well as order of relieving. 3. Learned counsel for the petitioner would submit that since the post is not available on the place of posting, therefore, the petitioner has been transferred as Block Education Officer. He would further submit that according to Clause 1.5 of the circular dated 03.06.2015 issued by Government of Chhattisgarh, an employee who is more than 55 years of age cannot be transferred in core schedule area and in the instant case the petitioner is aged about 60 years. He would further submit that the petitioner’s wife is also working as Upper Division Teacher and posted at Government Middle School, Rasota, Block Baloda, District Janjgir Champa as such transfer of the petitioner is against the said circular/policy and would pray for quashing of the transfer order as well as order of relieving. To substantiate his submission he would refer to
Decision
available. In view of the above, I am of view that the writ petition is disposed of directing the State to see that if the vacancy is available for the substantive post of petitioner i.e. Principal, he shall be considered for posting as Principal only. 7. So far as judgment of the Hon’ble Division Bench is concerned, in that case, the substantive post of petitioner was not available wherein in the present case, the petitioner’s substantive post is Principal which is very much available where he can be accommodated. Even otherwise, it is well settled position of law that the transfer policy does not confer any right over the government servant for claiming place of post as per choice of government servant. Even otherwise the Hon’ble Supreme Court in the matter of SK Nausad Rahaman & Other Vs. Union of Page 5 of 5 India & Other [(2022) 12 SCC 1] has examined the entire law on the subject with regard to transfer of government servant and has held that it is not a matter of right of the government servant to be remain posted at present place of posting for entire service period. The petitioner has remained at present place of posting for more than 5 years as such this Court does not incline to interfere in the impugned transfer order as well as the relieving order passed by the respondents/authorities. 8. With the aforesaid observation and direction, the instant writ petition is disposed of. Bhumika Sd/- (Narendra Kumar Vyas) Judge