1 2025:CGHC:23191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4108 of 2025 1 - Nandkishore Dewangan S/o Gokul Prasad Dewangan Aged About 30 Years Occupation - Assistant Teacher (L.B.), Government Primary School Dhavrapahri, Block Division Korba, District Korba Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. 2 - Director Public Instruction Directorate Chhattisgarh First Floor, C - Block Indiravati Bhavan Naya Raipur, District Raipur Chhattisgarh. 3 - Joint Director Education Department, Bilaspur, District Bilaspur Chhattisgarh. 4 - Collector Korba, District Korba Chhattisgarh. 5 - Secretary District Rationalization Committee (District Education Officer) Korba, District Korba Chhattisgarh. 6 - Sub Divisional Magistrate (Revenue) Korba, District Korba Chhattisgarh. 7 - Block Education Officer Korba, District Korba Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Awadh Tripathi, Advocate. For Respondent(s) : Mr. S. P. Kale, Additional Advocate General. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.12 10:26:14 +0530 2 Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 11/06/2025 1. The present petition has been filed against the impugned order dated 31.05.2025 by which the petitioner herein has been transferred from Primary School Dhavrapahri Block Korba to Primary School, Rampur Block Podi Uprora. 2. Learned counsel for the petitioner would submit that the impugned order dated 31.05.2025 (Annexure P-1) is not in accordance with rationalization instruction issued on 02.08.2024, therefore, the impugned order is liable to be set aside. He would further submits that Clause 4 of the said instruction 02.08.2024 has not been complied with as the probation period of the petitioner is not completed and he is still on probation and no formal order of his regulaization has been passed yet the Clause 6 of the instruction dated 02.08.2024 had not been followed and he has been transferred under the instruction of rationalization from Primary School Dhavrapahri to Primary School Rampur. He has moved his representation on 03.06.2025 but the authorities have not taken any decision till date. 3. Learned counsel State counsel for the State would submit that the representation filed by the petitioner will be considered and decided by the Competent Authority in accordance with law within a period of 7 days. 4. I have learned counsel for the parties and perused the documents annexed with the petition. 5. In view of the submissions made by learned counsel for the parties the Competent Authority / District Level Rationalization Committee, Korba is directed to decide the petitioner's representation, if not decided yet, in accordance with law, after providing opportunity of hearing to the petitioner within 7 days from today. 3 6. In view of submissions made by learned counsel for the parties, the petitioners(s) are directed to make fresh representation before the concerned District Rationalization Committee by 13th June, 2023 and appear before the said Committee on 17th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner(s) within seven days from the date of receipt of representation in accordance with law in objective manner. Till representation of the petitioner(s) are decided, the impugned transfer order dated 31.05.2025 issued under Rationalization Instruction, so far as petitioner(s) are concerned, be kept in abeyance. 7. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok