Transfer order cannot be challenged later by the employee after joining the transferred post

Chhattisgarh High Court Upholds Dismissal of Challenge Against Executed Teacher Transfer. Court Affirms Legal Principle That Transfer Orders, Once Acted Upon, Cannot Be Contested

In a significant ruling, the Chhattisgarh High Court has reinforced the legal precedent that transfer orders, once executed, cannot be challenged later by the affected employee. The Division Bench, comprising Chief Justice Shri Ramesh Sinha and Justice Amitendra Kishore Prasad, dismissed the writ appeal filed by Sanjay Kumar Yadav against the State of Chhattisgarh, thereby affirming the earlier decision of the Single Judge. 

Sanjay Kumar Yadav, formerly a Lecturer in History at Government Girls Higher Secondary School, Abhanpur, District Kanker, was declared a surplus teacher and subsequently transferred to High School, Rajpur, District Bastar, as per the impugned transfer order dated June 9, 2025. Despite joining the new post on June 12, 2025, Yadav contested the transfer order, arguing that a vacant position remained at his previous school and sought its quashing.

The High Court, relying on established jurisprudence, ruled that once a transfer order is executed and the employee has joined the new post, it ceases to have operative effect. The court emphasized that the remedy lies in the issuance of fresh orders rather than challenging an already implemented transfer. The judgment cited precedents from the Supreme Court and previous High Court rulings, including the landmark decision in U.P. Singh v. Punjab National Bank, which underscored the necessity for timely and valid challenges to administrative orders.

Yadav's counsel argued that the appellant joined the transferred post under protest and retained the right to challenge the order, citing the Supreme Court judgment in The Tamil Nadu Agricultural University v. R. Agila. However, the court noted that the transfer was effected following the rationalization policy for surplus teachers and found no violation of procedural norms. 

The State's counsel maintained that the transfer order was lawful and aligned with administrative policy, noting that the appellant's continued service at the transferred post negated grounds for challenge.

The Chhattisgarh High Court's decision reaffirms the principle that once a transfer order is acted upon, it is spent, and no substantive challenge can be entertained. The ruling underscores the importance of adhering to administrative procedures and timely legal recourse, ensuring stability and predictability in public service transfers.

Bottom Line:

Transfer order that has been fully executed and acted upon cannot be challenged later by the employee after joining the transferred post. A person aggrieved by a transfer order cannot arbitrarily refuse compliance and later seek its quashing.

Statutory provision(s): Transfer Law, Legal principles on transfer, Rationalization policy and surplus teachers, Previous judgments on transfer orders.

Sanjay Kumar Yadav v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2794674