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2025 DAILYLAW 25622 (CHH)

PILSINGH NETAM v. STATE OF CHHATTISGARH

WPS/4317/2025 · 2025-06-12

Shri Ravindra Kumar Agrawal

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:23974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4317 of 2025 1 - Pilsingh Netam S/o Budhsan Netam Aged About 51 Years Working As Teacher (L.B.), Government Middle School Udidgaon, Block- Makdi, District- Kondagaon C.G. 2 - Purushottam Poyam S/o Lakhiram Poyam Aged About 37 Years Working As Teacher (L.B.), Government Middle School Udidgaon, Block- Makdi, District- Kondagaon C.G. ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - The Divisional Joint Director Education Division, Jagdalpur, District- Bastar (C.G.) 4 - The Collector District Kondagaon, Chhattisgarh 5 - The District Education Officer Kondagaon, District- Kondagaon, Chhattisgarh 6 - The Block Education Officer Makdi, District- Kondagaon, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. R. K. Verma, Advocate. For Respondent(s) : Mr. Vinay Pandey, Dy. Advocate General. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.14 14:51:12 +0530 2 Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 13/06/2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioners would submit that list of surplus Teachers published by the respondents are against the rationalization instructions and the same is arbitrary as no proper opportunity of hearing was given to the petitioners and if the petitioners are not granted interim relief, they will suffer with irreparable loss. Therefore, the impugned order is liable to be set aside. 3. Learned counsel for the State would submit that after due verification of records the petitioner has been transferred under the rationalization instructions issued by the State Government. He would further submit that if the petitioners are having any grievance, they may move fresh representation before the concerned District Rationalization Committee and the Committee will take a decision on their representation in accordance with law within a stipulated period. 4. I have heard learned counsel for the parties and perused the pleadings and documents. 5. In view of submissions made by learned counsel for the parties, the petitioners is directed to make fresh representation before the concerned District Rationalization Committee within a period of five days from today, and appear before the said Committee on 19th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners within seven days from the date of receipt of representation in accordance with law in objective manner. Till decision on the representation is communicated to the 3 petitioners, the impugned transfer order issued under Teacher Rationalization Instructions, so far as the petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alokl