This order dismisses three writ appeals against transfer orders of school lecturers. The High Court, upholding the Single Judge's findings, held that transfer orders were issued following the Transfer Policy and appellant circulars were valid government decisions.
The writ appeals were held devoid of merit and dismissed; the transfer orders were upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Reserved on : 02.08.2023
Order Delivered on : 08.08.2023
WA No. 44 of 2023
---- Petitioner
Versus
---- Respondents
And
WA No. 45 of 2023
---- Petitioner
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Versus
---- Respondents
And
WA No. 47 of 2023
---- Petitioner
Versus
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---- Respondents
(Cause-title taken from Case Information System)
| For Appellants | : Mr. Shailendra Bajpai, counsel in W.A. Nos. 44 & 45 of 2023 and Ms. |
|---|---|
| Sareena Khan, counsel in W.A. No.47/2023. |
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| For Respondents/State | : Mr. Gagan Tiwari, Dy. Govt. Advocate. |
| For Respondent | : Mr. C.J.K. Rao, counsel. |
Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Smt. Justice Rajani Dubey Order on Board
Per Rajani Dubey , Judge
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A/1) passed in WPS No.301/2023, whereby the learned Single Judge dismissed the petitions of the petitioners herein holding that the transfer order of the petitioners has been issued by the competent authority following due procedure prescribed under the Transfer Policy.
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Learned counsel further submits that the learned Single Judge did not consider the fact that executed transfer order cannot be cancelled.
“8. Circulars Annexure P6 and P7 are decisions taken by the Government and therefore, submission of learned counsel for petitioner that circulars are not in name of Governor is also not sustainable because directions are issued from time to time for proper functioning of institutions. The letter dated 16.03.2022 issued by the State Government cannot be said to be arbitrary in the facts of the case where it is not directly affecting the service of the
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petitioner.
9 . In aforementioned peculiar facts of the case, where order Annexure P1 cancelling order of transfer of petitioner is passed by competent authority following due procedure prescribed under Transfer Policy, which is also the authority issued order of transfer, I do not find any error in impugned order Annexure P1.”
“7. Perusal of impugned order (Annexure P-3) would reflect that when respondent No.7 submitted representation and brought to the notice of respondent State that as per Circular dated 16.03.2022, transfer of petitioner herein at the place where respondent No.7 is working i.e. Government Higher Secondary school Devinawagao, Block Narharpur, respondent No.1 put up representation and claim of respondent No.7 in coordination and thereafter impugned order has been passed cancelling order of transfer of petitioner. Under special Note-1 of Clause-3 Transfer Policy, 2022 it is mentioned that wherever transfer order is to be modified or amended then the same can be done only after placing case or claim before coordination. Impugned order bears a note that order has been passed after obtaining approval in coordination. The authority after getting
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knowledge of mistake has cancelled the order following procedure as mentioned under transfer Policy.
8. In the aforementioned facts and circumstances of the case, particularly Circular dated 16.03.2022 issued by the State Government and order of transfer is passed thereafter proceedings of cancellation has been initiated complying with the clauses mentioned in Transfer Policy, I do not find any good ground to interfere with order impugned.”
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(Rajani Dubey) (Ramesh Sinha) Judge Chief Justice
pkd
3 issues framed by the court
Whether transfer orders issued by the State Government complying with the Transfer Policy were arbitrary and violative of Article 16 of the Constitution.
Whether the High Court can interfere with the findings of facts and law recorded by the learned Single Judge dismissing the petitions regarding the transfer of lecturers.
Whether circulars issued by the State Government constitute valid policy decisions requiring the Order of the Governor.
Krishlal Sahu
Pragati Meenu Chhattar
Mahendra Kumar Sinha
State Of Chhattisgarh
District Education Officer Gariyaband
Principal Govt. Higher Secondary School Kochway Block Gariyaband
Ramesh Sinha
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
