Citation : 2026 Latest Caselaw 46 Chatt
Judgement Date : 25 February, 2026
1
2026:CGHC:9916
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 9073 of 2025
1 - Madhuri Karsal D/o Shri K.R. Karsal Aged About 50 Years R/o B-07,
Swastik Colony, Khamtarai Police Station- Sarkanda, Bilaspur, Distt- Bilaspur
C.G.
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of School
Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist-
Raipur C.G.
2 - Director, Directorate Of Public Instructions, Department Of School
Education, Naya Raipur C.G.
3 - Joint Director, Department Of School Education, Bilaspur Division,
Bilaspur, Dist- Bilaspur C.G.
4 - District Education Officer, District- Raigarh C.G.
5 - Block Education Officer, Tamnaar, District- Raigarh C.G.
--- Respondent(s)
(Cause title is taken from CIS system)
For Petitioner : Mr. Manish Saluja, Advocate For Respondents/State : Mr. Khulesh Sahu, P.L.
BALRAM PRASAD Hon'ble Shri Justice Parth Prateem Sahu DEWANGAN
Order On Board
25/02/2026
1. Petitioner has filed this petition seeking following relief (s) :-
"10.1 Call for the entire records pertaining to the present case.
10.2 Issue an appropriate writ/order/direction, to the Respondents to consider the difficulties of petitioner and attach/transfer the petitioner to any place in Bilaspur District i.e. near to her home city, Bilaspur (C.G.).
10.3 To quash the impugned order (Annexure P-1) dated 01.08.2024 of District Education Officer, Raigarh (C.G.) to the extent of place of attachment i.e. Amlidih.
10.4 To order respondent authorities to pay petitioner salary from the month of July, 2024 to actual joining of the petitioner with all other monetary benefits for which she is entitled.
10.5 To compensate and grant cost of petition to the petitioner.
10.6 Grant any other relief as deemed fit and proper in the facts and circumstances of the case."
2. Learned counsel for petitioner submits that when petitioner was posted
as Headmaster Primary School, Chhindbhouna, some complaint was
made against her alleging some irregularities to have been committed
in mid day meal. Based on the false allegation, petitioner was posted
in Primary School Amlidih, Block Gharghoda, which is nearby to earlier
place of posting i.e. Primary School Chhindbhouna. It is the petitioner
who had raised complaint against persons, who are running mid day
meal in the school and those persons by their approach have got
petitioner shifted from earlier school. It is contention of learned counsel
for petitioner that as petitioner has made complaint, some of the
persons are keeping enmity with her and also assaulted her.
Photographs of injuries sustained by petitioner is also enclosed along
with writ petition. Petitioner was also given threat that if she joined
Primary School, Amlidih, she will be taken to task, therefore, petitioner
since then has not joined at Primary School, Amlidih because of her
life threat. Petitioner has submitted representation before the Joint
Director, however, the representation was rejected on the ground that
he is having no authority to consider the claim of petitioner for her
posting out of District.
3. Learned counsel for petitioner further submits that petitioner has
pleaded in the application/representation submitted before Joint
Director for her posting in Bilaspur district as her native place is at
Bilaspur District.
4. Learned State counsel submits that according to his instruction,
District Education Officer is competent authority to transfer the teacher
within District Bilaspur and if petitioner wants her transfer within State
level from one district to another, it will be the Secretary School
Education, before whom, petitioner has not submitted any
representation.
5. Considering the submission of learned counsel for respective parties,
facts and circumstances of the case in particular, submission of
learned counsel for petitioner based on the photographs that petitioner
was assaulted by persons including the other teachers of school
against whom, she has also filed appropriate proceedings under the
Bharatiya Nagarik Suraksha Sanhita, 2023, submission of learned
counsel for petitioner that petitioner is having life threat for her joining
at Primary School, Amlidih and further considering that it is the State
authorities to consider the claim of the teachers to be posted in
exceptional circumstances as pleaded in the writ petition, I find it
appropriate to dispose of this writ petition at this stage, permitting
petitioner to submit detailed representation before respondent No.1 i.e.
Secretary, School Education Department, raising all the grounds as
raised in this writ petition along with supporting documents within a
period of 10 days and in the event, petitioner submits such
representation, respondent No.1 shall consider and take decision on
the representation to be submitted by petitioner in accordance with the
law within further period of three weeks from the date of receipt of
representation.
6. With the aforesaid observations and directions, this petition stands
disposed of.
Sd/-
(Parth Prateem Sahu) Judge
Balram
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