Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:24782
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4670 of 2025 1 - Smt. Sadhana Tripathi W/o Vivek Kumar Tripathi Aged About 42 Years R/o House No. 30 Rohini Vihar Phase 2 Near Kumhar Para Aggey Nagar Shiv Mandir Bilaspur Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - Director Public Instruction Direcotrate Chhattisgarh First Floor, C-Block Indiravati Bhavan, Naya Raipur, District Raipur (C.G.) 3 - Joint Director Education Department Bilaspur, District Bilaspur (C.G.) 4 - Collector Bilaspur District Bilaspur (C.G.) 5 - Secretary District Rationalization Committee/ (District Education Officer) Bilaspur, District Bilaspur (C.G.) 6 - Sub-Divisional Magistrate(Revenue) Bilaspur District Bilaspur (C.G.) 7 - Block Education Officer Bilaspur District Bilaspur (C.G.) 8 - Pratibha Gandharva As Counselling No. 36 Through District Education Officer Bilaspur (C.G.)
--- Respondent(s) WPS No. 4819 of 2025 1 - Balram Netam S/o Aatma Ram Netam Aged About 37 Years Occupation Assistant Teacher Govt.
Boys Primary School, Tumgaon Block And District - Mahasamund (C.G.)
---Petitioner(s) Versus
2 1 - State Of Chhattisgarh Through The Secretary , School Education Department Mahanadi Bhawan, Atal Nagar Nava Raipur District - Raipur (C.G.) 2 - Director Public Instruction Directorate C.G. First Floor C- Block Indiravati Bhawan Naya Raipur District - Raipur (C.G.) 3 - Deputy Director Public Instruction Directorate Chhattisgarh Nava Raipur Atal Nagar, District - Raipur (C.G.) 4 - Divisional Joint Director Education Division Mahasamund District - Mahasamund (C.G.) 5 - District Education Officer Mahasamund District- Mahasamund (C.G.) 6 - Block Education Officer Mahasamund District - Mahasamund (C.G.) 7 - Secretary Rationalization Committee (District Education Officer ) Mahasamund District - Mahasamund (C.G.)
--- Respondent(s) WPS No. 4801 of 2025 1 - Awadhesh Sahu S/o Rambharos Aged About 41 Years Occupation - Assistant Teacher (L.B.) Boys Ashram Primary School Birtarai Block Kartala, District Korba (C.G.)
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary School Education Department Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - Director Public Instruction Directorate Chhattisgarh First Floor, C-Block Indiravati Bhavan, Naya Raipur, District Raipur (C.G.) 3 - Joint Director Education Department Bilaspur District Bilaspur (C.G.) 4 - Collector Korba District Korba (C.G.) 5 - District Education Officer Korba District Korba (C.G.) 6 - Sub-Divisional Magistrate (Revenue) Korba District Korba (C.G.) 7 - Block Education Officer Kartala District Korba (C.G.) 8 - Secretary District Rationalization Committee (District Education Officer) Korba, District Korba (C.G.)
--- Respondent(s)
3 For Petitioner(s) : Mr. Awadh Tripathi, Advocate. For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer, Ms. Smita Jha Panel Lawyer, Mr. Shreyansh Mehta, Panel Lawyer. Hon'ble Shri Justice
Ravindra Kumar Agrawal, J.
Order on Board 17-06-2025
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 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 23rd June, 2025. Thereafter, the Committee shall decide the representation of the petitioners within seven
4 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