A Regular Transfer Order Cannot Be Treated as an Attachment Order to Justify Relief from Posting

The petitioner was initially appointed as an Assistant Teacher in 1985 and eventually promoted to the post of Lecturer in 2012, posted at Govt. High School Raikot under the Tribal Welfare Department

By an order dated 25/11/2014, the petitioner was transferred and posted to Govt. High School Semra, Block Jagdalpur, under the School Education Department

He worked there continuously for over a decade and drew salary from that institution

On 18/02/2026, Respondent No. 4 issued a general order cancelling all teacher "attachments" in District Bastar

Relying on this, Respondent No. 5 (Principal) issued a letter dated 24/02/2026 relieving the petitioner from his current post and directing him to report back to his 2012 posting at Raikot, treating his 2014 transfer as a mere attachment

1. Whether the petitioner’s posting at Govt. High School Semra via the order dated 25/11/2014 constituted a temporary "attachment" or a regular transfer/posting.

2. Whether Respondent No. 5 had the authority to relieve the petitioner based on a general order cancelling attachments when the petitioner’s record indicated a regular transfer.

the nature of an appointment or posting is determined by the explicit language employed in the original order

a subordinate authority (Respondent No. 5) cannot unilaterally alter the legal status of an employee’s posting (from a regular transfer to an attachment) to exercise powers of relieving without a specific order from a competent authority

The Court perused the original transfer order dated 25/11/2014 (Annexure P-3) and observed that the language "clearly reflects that it was a regular transfer and posting order"

Critically, the order contained no terminology suggesting the petitioner was merely "attached" to the school

The Court further noted the undisputed fact that the petitioner had been drawing his salary from the School Education Department (the parent department) and was included in its seniority list dated 08/05/2024

Consequently, the Court found the respondents' contention—that the petitioner was under an attachment order—to be factually incorrect and not supported by the record

Therefore, the general circular cancelling attachments did not apply to the petitioner’s regular posting

The Court set aside the impugned relieving letter dated 24/02/2026 issued by Respondent No. 5. The writ petition was allowed, effectively directing the respondents to allow the petitioner to continue his services at Govt. High School Babusemra