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2025 DAILYLAW 25845 (CHH)

SMT. ANJU KIRAN MAHTO v. STATE OF CHHATTISGARH

WPS/4483/2025 · 2025-06-17

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:25296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4477 of 2025 1 - Smt. Kamini Son D/o. Lt. Shri Hemnath Son Aged About 39 Years Currently Working At Government Pre-Secondary School, Maroda Tank, Bhilai, R/o. Street 24, Quarter No. 14b, Sector-10, Bhilai, District - Durg (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralaya, Naya Raipur, District - Raipur (C.G.) 2 - Director, Directorate Of Public Instruction Naya Raipur, District - Raipur (C.G.) 3 - Collector/chairman District Level Rationalization Committee, Durg, District - Durg (C.G.) 4 - District Education Officer Durg, District - Durg (C.G.) 5 - Block Education Officer Durg, District - Durg (C.G.) --- Respondent(s) WPS No. 5020 of 2025 1 - Narendra Kumar Nishad S/o. Late Shri Umedram Nishad Aged About 55 Years Profession - Teacher (L.B.) Shasakiya Purva Madhyamik Shala, Sirwabandha, Block - Bemetara, R/o. Village - Sirwabandha, Tehsil And District - Bemetara (C.G.) SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.18 19:28:52 +0530 2 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Secretary, School Education Department, Mantralaya, Naya Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Public Instructions, Chhattisgarh, Naya Raipur, District - Raipur (C.G.) 3 - Collector/chairman District Level Rationalization Committee, District - Bemetara (C.G.) 4 - District Education Officer Bemetara, District - Bemetara (C.G.) 5 - Block Education Officer Bemetara, District - Bemetara (C.G.) --- Respondent(s) WPS No. 4961 of 2025 1 - Ravimal Damle S/o Shri Lalaram Damle Aged About 55 Years Pesha Vyakhyata - Arthshastra Shashkiya Ucch Madhyamik Shala - Korchatola Vikaskhand - Ambagarhchowki Niwasi - Gram Korchatola, Jila - Mohala-Manpur-Ambagarh- Chowki Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, School Shiksha Vibhag, Mantralaya Naya Raipur District Raipur Chhattisgarh 2 - Sanchalak Lok Shikshan Sanchalanalaya Chhattisgarh, Naya Raipur, District Raipur Chhattisgarh 3 - Collector/ Adhyaksh Jila Stariya Yuktiyuktkaran Samiti Jila Mohala-Manpur- Ambagarh Chowki Chhattisgarh 4 - Jila Shiksha Adhikari Jila Mohala-Manpur-Ambagarh Chowki Chhattisgarh 3 5 - Vikaskhand Shiksha Adhikari Ambagarh Chowki Jila-Mohala-Manpur- Ambagarh-Chowki Chhattisgarh --- Respondent(s) WPS No. 4917 of 2025 1 - Baleshwar Prasad Sharma S/o Shri Shiv Prasad Sharma Aged About 60 Years Currently Working At Government Higher Secondary School, Gobra, Tahsil Dabhra, District Sakti, R/o Ward No. 09, Post Dabhra, Tahsil Dabhra, District Sakti, C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralaya, Naya Raipur, District Raipur, C.G. 2 - Director Directorate Of Public Instruction, Naya Raipur, District Raipur, C.G. 3 - Joint Director Education Division, Bilaspur, District Bilaspur, C.G. 4 - Collector Sakti, District Sakti, C.G. 5 - District Education Officer Sakti, District Sakti, C.G. 6 - Block Education Officer Dabhra, District Sakti, C.G. --- Respondent(s) WPS No. 4483 of 2025 1 - Smt. Anju Kiran Mahto W/o Shri Ajay Kumar Aged About 39 Years Pesha - Shikshak Vigyan L.B. Shashkiya Purv Madhyamik Shala Naradhi Patan Niwasi - Gram Naradhi/ Patan Durg Jila - Durg Chhattisgarh ---Petitioner(s) Versus 4 1 - State Of Chhattisgarh Dwara - Sachiv, School Shiksha Vibhag, Mantralaya Naya Raipur Jila Raipur Chhattisgarh 2 - Sanchalak Lok Shikshan Sanchalanalay Chhattisgarh, Nawa Raipur, Jila Raipur Chhattisgarh 3 - Collector/ Adhyaksh Jila Stariya Yuktiyuktkaran Samiti Jila Durg Jila Durg Chhattisgarh 4 - Jila Shiksha Adhikari Durg Jila Durg Chhattisgarh 5 - Vikaskhand Shiksha Adhikari Patan Jila Durg Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Abdul Moin Khan, Advocate For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer Mr. Shreyansh Mehta, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 18/06/2025 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. 5 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. Learned State counsel 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 05 days from today, and appear before the said Committee on 24th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner within 07 days from the date of receipt of representation in accordance with law, in objective manner. Till decision on the representation is communicated to the petitioner, the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioner is concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika