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2025 DAILYLAW 25972 (CHH)

VINEETA DUBEY v. STATE OF CHHATTISGARH

WPS/4276/2025 · 2025-06-10

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:23521 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4276 of 2025 1 - Vineeta Dubey W/o Shri Yogendra Kumar Dubey, Aged About 57 Years, R/o- Near Omkar Nursing Home, Warehouse Road, Bilaspur (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh 2 - Director, Public Instructions, Directorate, Indravati Bhawan, Nawa Raipur, Atal Nagar, District- Raipur, Chhattisgarh 3 - President, Rationalization Committee, Ex-Officio Collector, Bilaspur, Chhattisgarh 4 - Divisional Joint Director Education, Bilaspur Division, Bilaspur, Chhattisgarh 5 - District Education Officer Bilaspur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ali Asgar, Advocate. For State/Respondents : Mr. S.P. Kale, Addl. Advocate General along with Mr. Ajit Singh, Govt. Advocate and Mr. Suyash Dhar, Deputy Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 11-06-2025 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 Digitally signed by MOHAMMAD AADIL KHAN 2 the same is arbitrary as no proper opportunity of hearing was given to the petitioner and if the petitioner is not granted interim relief, 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. He would further submit that if the petitioner is having any grievance, she may move fresh representation before the concerned District Rationalization Committee and the Committee will take a decision on 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 by 13th June, 2025 and appear before the said Committee on 16th 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 representation of the petitioner is decided, the impugned transfer order issued under 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 Aadil