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2025 DAILYLAW 25779 (CHH)

SATYAPRAKASH MAHILKAR v. STATE OF CHHATTISGARH

WPS/4636/2025 · 2025-06-15

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:24296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4513 of 2025 1 - Mamta Kesharwani W/o Vijay Kesharwani Aged About 41 Years Presently Working As Teacher (L.B.) At Govt. Girls Middle School Mungeli, Block Mungeli, District Mungeli (C.G.). --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raiur (C.G.) 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - Joint Director Education Division Bilaspur, District Bilaspur (C.G.) 4 - Collector District Mungeli (C.G.) 5 - District Education Officer Mungeli, District Mungeli (C.G.) 6 - Block Education Officer Mungeli, District Mungeli (C.G.) --- Respondent(s) WPS No. 4575 of 2025 1 - Rohini Thakur D/o Chhedi Singh Thakur Aged About 61 Years Presently Working As Teacher (L.B.) At Govt. Girls Middle School Mungeli, Block - Mungeli, District - Mungeli (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.17 10:52:11 +0530 2 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Joint Director Education Division Bilaspur, District - Bilaspur (C.G.) 4 - Collector District - Mungeli (C.G.) 5 - District Education Officer Mungeli, District - Mungeli (C.G.) 6 - Block Education Officer Mungeli, District - Mungeli (C.G.) --- Respondent(s) WPS No. 4593 of 2025 1 - Smt. Rita Minj D/o Augustus Ekka Aged About 47 Years Presently Posted At Govt. Middle School Satpata, Cluster Vishrampur, Block Surajpur, District Surajpur Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - Collector District Surajpur Chhattisgarh. 3 - District Education Officer District Surajpur Chhattisgarh. 4 - Member Secretary District Level Yuktiyuktkaran Samtiti, District Surajpur Chhattisgarh. --- Respondent(s) WPS No. 4621 of 2025 1 - Mithilesh Kumar Deshlahra S/o Toran Singh Deshlahra Aged About 41 Years Presently Working As Teacher (L.B.) At Govt. Upper Primary School Pahandor, Block - Patan, District- Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 3 - Joint Director Education Division Durg, District - Durg (C.G.) 4 - Collector District - Durg (C.G.) 5 - District Education Officer Durg, District - Durg (C.G.) 6 - Block Education Officer Patan, District - Durg (C.G.) --- Respondent(s) WPS No. 4636 of 2025 1 - Satyaprakash Mahilkar S/o. Kalyan Das Aged About 35 Years Presently Working As Lecturer (L.B.) At Guru Ghasidas Govt. H.S. School, Thelkadih, Block - Khairagarh, District - Khairagarh-Chhuikhadan-Gandai (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Joint Director Education Division, Durg, District - Durg (C.G.) 4 - Collector District - Khairagarh-Chhuikhadan-Gandai (C.G.) 5 - District Education Officer Khairagarh, District - Khairagarh-Chhuikhadan-Gandai (C.G.) 6 - Block Education Officer Khairagarh, District - Khairagarh-Chhuikhadan-Gandai (C.G.) -- Respondent(s) For Petitioner(s) : Mr. Pramod Ramteke, Advocate. For Respondent(s) : Mr. Ajit Singh, Govt. Adovcate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 16-06-2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have declared surplus Teacher and consequently transferred under the Teacher 4 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 petitioners have 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 are 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 20th 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 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 petitions stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok