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2025 DAILYLAW 25920 (CHH)

DHARMENDRA KUMAR SONI v. STATE OF CHHATTISGARH

WPS/4401/2025 · 2025-06-10

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:23244 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4401 of 2025 1 - Dharmendra Kumar Soni S/o. Ishwarlal Lal Soni Aged About 50 Years R/o. Ward No. 5, Chandi Mandir, Hatri Bazar, Block - Gunderdehi, District - Balod (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 2 - District Education Officer District - Balod (C.G.) 3 - Block Education Officer Block - Gunderdehi, District - Balod (C.G.) 4 - Mamta Borkar Presently Posted As Lecturer At Govt. Higher Secondary School, Mudkhusra, Block - Daundi Lohari, District - Balod (C.G.) 5 - Nandita Dutta Presently Posted As Lecturer At High School, Khapri, District - Balod (C.G.) ... Respondent(s) For Petitioner(s) : Shri Abhyuday Tripathi, Advocate. For State : Shri SP Kale, Additional Advocate General along with Shri Ajit Singh, Govt. Advocate and Shri Suyash Dhar, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 11.06. 202 5 1. By way of this writ petition, the petitioner(s) is/are challenging the impugned transfer order and action of the respondents whereby the petitioner(s) have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. Digitally signed by INDRAJEET SAHU Date: 2025.06.12 10:29:03 +0530 2 2. Learned counsel for the petitioner(s) would submit that list of surplus Teachers published by the respondents is against the rationalization instructions and the same is arbitrary as no proper opportunity of hearing was given to the petitioner(s) and if the petitioner(s) 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 petitioner(s) 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 petitioner(s) are directed to make fresh representation before the concerned District Rationalization Committee by 13th June, 2025 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 issued under Rationalization Instructions, so far as petitioner(s) 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 inder