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2025 DAILYLAW 25926 (CHH)

MARTANG SINGH SAHU v. STATE OF CHHATTISGARH

WPS/4380/2025 · 2025-06-10

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:23233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4380 of 2025 1 - Martang Singh Sahu S/o Raghunath Singh Sahu Aged About 42 Years Working As Teacher (L.B.) And Posted At Govt. Middle School Mahuda (Patan), District - Durg, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Chhattisgarh Public Instruction, Third Floor, Indravati Bhawan, Naya Raipur, District - Raipur (C.G.) 3 - Collector Durg, District - Durg (C.G.) 4 - District Education Officer And Member Secretary District Level Rationalization Committee, Durg, District - Durg (C.G.) 5 - Block Education Officer Block - Patan, District - Durg (C.G.) 6 - Sub Divisional Officer (Rev) Block - Patan, District - Durg (C.G.) 7 - Krishna Raj Pandey S/o Shiv Kumar Pandey Working As Teacher (L.B.) And Posted At Govt. Middle School Mahuda (Patan), District - Durg, Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Aditya Khare, 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. 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 Digitally signed by INDRAJEET SAHU Date: 2025.06.12 10:32:21 +0530 2 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