Sushil Kumar Patel Vs State of Chhattisgarh

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Digitally signed by ALOK ALOK SHARMA SHARMA Date: 2025.09.17 11:04:27 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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Jugment Reserved on : 30/06/2025 Judgment Delivered on: 16/09/2025

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WPS No. 5469 of 2025

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1 - Sushil Kumar Patel S/o Pilau Ram Patel Aged About 35 Years Presently Posted As Teacher (English), Government Middle School, Khadgaon, Block Kharsia, District - Raigarh, (C.G.)

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur, (C.G.)

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2 - Director Public Instruction Department, Directorate Of Public Instruction, First Floor, C Block, Indrawati Bhawan, Nava Raipur, Atal Nagar, Raipur, C.G.

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3 - Commissioner Bilaspur Division District Bilaspur, C.G.

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4 - Joint Director Education Division Bilaspur, District Bilaspur, C.G.

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5 - Collector District Raigarh, C.G.

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6 - District Education Officer District Raigarh, C.G.

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7 - Block Education Officer Block, Kharsia, District Raigarh, C.G.

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... Respondent(s)

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For Petitioner(s) : Ms. Anadi Sharma, Advocate. For Respondent(s) : Mr. Suyashdhar Badgaiya, Dy. Govt. Advocate.

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Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

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CAV Judgment

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1 . The petitioner has filed the present writ petition challenging the memo dated 10.06.2025 (Annexure P/1) issued by the Respondent No. 4, by which the attachment of the teachers/employees has been cancelled and they have

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been directed to appear at their original place of posting. He prayed the following relief in the present writ petition:

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“10.1 That, this Hon'ble Court may kindly be pleased to quash the order Dated 10.06.2025, issued by the Joint Director, Education Division, Bilaspur, District- Bilaspur, C.G., in the interest of justice.

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10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities not to force the petitioner to relieve from his duty in absence of any speaking order from competent authority. Further, this Hon'ble Court may kindly be pleased to direct the respondent authorities not to harass the petitioner by stopping his salary. 10.3 That the Hon'ble Court may kindly be pleased to direct the respondent State to grant any other relief which this Hon'ble Court deems fit and proper in favour of the petitioner as per the facts & circumstance of the present case, in the ends of justice.”

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2 . Subject matter of the case in brief is that the petitioner was initially appointed as Shiksha Karmi Grade-III vide order dated 08.08.2011, and thereafter he was appointed as a teacher vide order dated 24.08.2021 and posted at Govt. Middle School village Bilaspur, Block Kharsiya, District Raigarh. Vide order dated 14.08.2023, he was posted to Govt. Middle School Gandapali, Block Kharsiya, for teaching in the schools that are teacherless/single-teacher schools for the academic session 2023-2024. On 13.09.2023, the petitioner was sent back to his original place of posting, i.e. Govt. Middle School, Bilaspur, Block Kharsiya. On 13.09.2023 itself, the petitioner was transferred

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from Govt. Middle School, Bilaspur to Govt. Middle School Khadgaon, which was a single-teacher school, and in the order dated 13.09.2023, his name is found at serial No. 25. The petitioner joined there on 21.09.2023 and has been working there since then.

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3 . On 10.06.2025, the Respondent No. 4 issued the memo to all the District Education Officers of Education Division, Bilaspur, whereby, in view of Clause 1.5 and 3.17 of the Transfer policy dated 05.06.2025, issued by the State Government, all the attachments have been cancelled and the teachers/employees have been directed to appear at their original place of posting. Hence, this petition.

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4 . Learned counsel for the petitioner would submit that the petitioner is working

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under the school education department, and the school education department is excluded from the transfer policy dated 05-06-2025, and therefore, cancellation of attachment of the teachers/employees of the school education department does not apply to them. The petitioner was frequently transferred from one place to another in the garb of the requirement of teachers in the schools. The petitioner is presently posted at Middle School, Khadgaon, which is not on attachment, but he was transferred with a valid proposal of transfer dated 13.09.2023. No opportunity of hearing was provided to the petitioner before the cancellation of the attachment and directing the teachers/employees to appear at their original place of posting, and the petitioner has been arbitrarily relieved from Govt. Middle School, Khadgaon on 26.06.2025, therefore, the impugned memo dated 10.06.2025 is liable to be quashed, and the petitioner may be permitted to carry out his work at Govt. Middle School, Khadgaon.

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5 . On the other hand, learned counsel appearing for the State opposes and has submitted that vide order dated 14.08.2023, the petitioner was attached with Govt. Middle School, Gandapali, but he was sent back to his original place of posting, i.e. Govt. Middle School, Bilaspur, Block Kharsiya on 13.09.2023,

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thereafter on the same day, i.e. 13.09.2023, the proposal for attachment of the teachers in the teacherless and single teacher school were sent to the District Education Officer, Raigarh and the petitioner was attached to Middle School, Khadgaon. He was posted at Khadgaon School for teaching under the administrative exigency, vide order dated 21.09.2023 (Annexure P/5). The posting/attachment of the petitioner at Middle School, Khadgaon was temporary and was to be continued till the posting of regular teachers there, and thus, the petitioner was on attachment at Middle School Khadgaon, and under transfer policy dated 05.06.2025 all the attachments have been cancelled with effect from 05.06.2025, and in compliance thereof, the impugned memo dated 10.06.2025 has been issued by the Respondent No. 4, which is just and proper and needs no interference.

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6 . I have heard learned counsel for the parties and perused the material annexed with the petition.

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7 . The petitioner claims that his posting at Middle School, Khadgaon is not on attachment but it was a transfer order after due proposal of transfer of the petitioner there, which reflected from the memo dated 13.09.2023 (annexure P/4) and the petitioner, who is in service of school education department, cannot be sent back to his original place of posting under the provisions of transfer policy dated 05.06.2025 as the teachers of school education department are exempted from the transfer policy dated 05.06.2025. The claim of the petitioner appears to be misconceived for the reason that (i) from the order dated 21.09.2025 (Annexure P/5), it appears to be an attachment for time being and for teaching work at single teacher school i.e. Middle School Khadgaon, (ii) Since the process of rationalization of the teachers are going on for posting at teacherless/single teacher school, the teachers of the school education department are exempted from transfer under the transfer policy dated 05.06.2025 but it has been provided in Clause 1.5 and 3.17 that all the attachments is cancelled with effect from 05.06.2025. The introductory

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part of the transfer policy dated 05.06.2025 is reproduced below, which reads as under:

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“ र ा �जय श ् ा �सन एतद ्वा �र ा � प�र ू � म ्व � ज ें ा �र ा � स ् थ ा �न��तर ा ण न�त ि त क ो � अध ि �क ्र त ि म ें त क ो र ा त� ह!ए त ु ि नम ् न�न#स�र ा स ् थ ा �न��तरण न�त ा ि त / प ्र त ि क ्र य� त ि न��र ि र ा त क ो & ज ा �त� ह ु '। यह ु सथ ् ा �न��तर ा ण न�त ि त ग ृ *ह ु ( प ू #ध ि +स ) त ि र ्व भ ा �ग ृ , आबक ो �र ा � त ि रभ ्व ा �ग ृ , खत ि नज ा स��न त ि र ्व भ ा �ग ृ , प ू र ि रर ा ्व हन त ु ि र ्व भ ा �ग ृ , र ्व �त ि णज ् यक ो र ा त ि र ्व भ ा �ग ृ , प ू �ज ा �यन त ि र ्व भ ा �ग ृ , स ् क�+ त ो ि शक ा ्षा � त ि रभ ्व ा �ग ृ क� अतग ो �त त ृ ि श ा क ्षा �क ो &य क ो �य� म� प ें ू दसथ ् ा त ि श ा क ्षा कग ो ृ ण2 तथ ा � र ा �ज ् य क� त ो ि नग ृ म ें / म ें ण ् ड+ / आय�ग ृ 2 एर� स ्व ् र ्व �यत ्त स�स ् थ ा �ओ� प ं ू र ा +�ग ृ � नह ु 7 ह ु 2ग� । ृ "

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8 . Clause 1.5 and 3.17 also necessary to quote here which reads as under:

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“1.5 ध ि ज ा तन� ध ि ज ा +� स ् तर ा �य कम ो �च ें ा �र ा � स�+ग ्न ह ु ' यह ु सर ् म ्व �र ें ्व 5 ज ा �न 2025 स� उनक ो � स�+ग ्न �क ो र ा ण सम ें �प ्त म ें �न� ज ा �ए�ग� ृ , आर ्व श ् यक ो त�न#स�र ा ज ा ह ु �� त ि क ो स� क ो म�च ें ा �र ा � क ो & आरश ्व ् यकत� ह ो ु ' , स ् थ ा �न��तर ा ण न�त ि त अन#स�र ा स ् थ ा �न��तर ा ण त ि कय� ज ो ा � सकत� ह ो ु '।

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3.17 सभ ा � स�+ग ्न �क ो र ा ण 5 ज ा �न , 2025 स� सम ें �प ू � म ें �न� ज ा �ए�ग�। भ ृ ा त ि रष ्व ् य म� त ें ि रभ ्व ा �ग ृ �ध ् यक ्षा / भ ा �र ा स��क ो सध ि �य क� अन#म ो ें �दन स� ह ु � क ो �ई स+ग ्न �कर ो ा ण क ो र ा सक�ग ो ृ �। "

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9 . The exemption of the teachers of the school education department from their transfer under the transfer policy dated 05.06.2025 does not mean that their attachment cannot be cancelled. Since the rationalization of the teachers is in process, therefore, the teachers of the school education department were exempted from their transfer. The provisions of the transfer policy dated 05.06.2025 are not challenged in the present writ petition. Under Clause 1.5 and 3.17 of the transfer policy, the authorities have issued directions to all the District Education Officers of the State for cancellation of the attachment, which cannot be said to be arbitrary or mala fide. The petitioner cannot claim

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to remain posted at the same place under the attachment, or even if it were a transfer. The petitioner has already been relieved from Govt. Middle School Khadgaon, on 26.06.2025.

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10. The petitioner could not demonstrate any palpable infirmity or arbitrariness in the memo dated 10.06.2025 (Annexure P/1), which warrants the interference of this Court to grant relief in the writ petition. This Court does not find any scope of interference; accordingly, the writ petition is dismissed .

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11. I.A. No. 01/2025, application for grant of interim relief and I.A. No. 02/2025, application for amendment in the writ petition, I.A. No. 03/2025, application for amendment/impleadment as party respondent, I.A. No. 04/2025 application for taking additional documents on record are hereby disposed of.

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Sd/-

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(Ravindra Kumar Agrawal)

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Judge

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Alok

Sushil Kumar Patel v. State of Chhattisgarh

Case brief

What is this about?

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Sushil Kumar Patel v. State of Chhattisgarh

Case brief

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