Extracted from the PDF above. The PDF is authoritative.
2025:CGHC:25505
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4970 of 2025 Smt. Hemlata Jain W/o Dhanraj Jain Aged About 46 Years R/o House No. 82, Sidesar, Post Sidesar Kanker District North Bastar Kanker, Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instructions, First Floor, C- Block, Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - District Collector District North Bastar Kanker, Chhattisgarh And Also Serving As The President Of District Level Rationalization Committee, District North Bastar Kanker, Chhattisgarh 4 - District Education Officer Kanker, District North Bastar Kanker, Chhattisgarh ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri PK Tulsyan, Advocate For Respondents/State : Shri Suyash Dhar Badgayya, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board 18.06.2025
1. By way of this writ petition, the petitioner is challenging the impugned transfer
order and action of the respondents whereby the petitioner has been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions.
2.
Learned counsel for the petitioner 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, and if the Digitally signed by V PADMAVATHI Date: 2025.06.19 15:35:47 +0530
Wps 4970 of 2025 2 petitioner is not granted interim relief, he/she 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. Learned State counsel would further submit that if the petitioner is having any grievance, he/she may move fresh representation before the concerned District Rationalization Committee, and the Committee will take a decision on his/her 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 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 24th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner 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 petitioner(s), the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioner(s) is/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 padma