Facts
The petitioner, a teacher, challenged his transfer from Government Middle School, Umarada, District Dhamtari, to Gariyaband.
Source reference: paras. 1–3, 5He had previously challenged the transfer in WPS No. 6271 of 2026, which was disposed of with a direction to the competent authority to decide his representation within 25 days.
Source reference: paras. 1–3, 5The authority rejected the representation on 10 September 2026, after which the petitioner filed the present petition, again challenging the transfer and the rejection order.
Source reference: paras. 1–3, 5He also relied on an ongoing census-related assignment; the State submitted that the assigned work had been completed.
Source reference: paras. 1–3, 5Issues
Whether the petitioner could challenge the transfer order again in a subsequent writ petition after having challenged it in an earlier proceeding and obtained a direction for consideration of his representation.
Source reference: paras. 5–6Whether the petitioner could raise his census-work assignment as a fresh ground in the subsequent writ petition.
Source reference: para. 7Law Applied
The Court applied the principle that a party cannot re-agitate a transfer order in a subsequent writ petition where that order was already challenged in earlier proceedings and the Court directed the competent authority to consider the party’s representation.
Source reference: paras. 6–7The Court cited no statute or precedent.
Source reference: paras. 6–7It also noted the State’s submissions that the petitioner’s census work had been completed and that the transfer policy did not apply to him.
Source reference: paras. 6–7Reasoning
The Court held that the transfer order had already been challenged in the earlier writ petition, and the subsequent rejection order merely recorded the competent authority’s decision on the representation in compliance with the earlier direction.
Source reference: paras. 5–8The petitioner therefore could not use the present petition to renew his challenge to the transfer.
Source reference: paras. 5–8Nor could he introduce the census assignment as a fresh ground in this proceeding; in any event, the State submitted that the work had been completed.
Source reference: paras. 5–8Holding
The Court declined to entertain the petition because it amounted to re-agitation of the transfer challenge considered in the earlier proceedings.
The writ petition was dismissed.
Source reference: paras. 8–9Original Court PDF
PARAS YADAVvsSTATE OF CHHATTISGARH
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