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2025 DAILYLAW 26083 (CHH)

ANIL KUMAR SHUKLA v. THE STATE OF CHHATTISGARH

WPS/5686/2025 · 2025-06-22

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5676 of 2025 1 - Sunita Sahu W/o Shri Jagdish Sahu Aged About 35 Years Working As Teacher (L.B.) At Govt. Middle School Girls Durkinadam, Block - Bilha, District - Bilaspur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur, District - Raipur (C.G.) 2 - District Education Officer Bilaspur, District - Bilaspur (C.G.) --- Respondent(s) WPS No. 5802 of 2025 1 - Mukesh Kumar Gupta S/o Shri Nakul Ram Gupta Aged About 48 Years Working As Teacher (L.B.) At Govt. Middle School Bhalesar Block Mahasamund District - Mahasamund (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education Mahanadi Bhawan Mantralaya New Raipur District - Raipur (C.G.) 2 - District Education Officer Mahasamund District -Mahasamund (C.G.) --- Respondent(s) WPS No. 5794 of 2025 1 - Smt Urvashi Sahu W/o Shri Komal Kumar Sahu Aged About 39 Years Working As Assistant Teacher (L.B.) R/o Ward No. 17, Tiranga Chok Gobra Nawapara, District Raipur, Chhattisgarh. ---Petitioner(s) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.25 12:18:35 +0530 2 Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Collector Gariyaband, District Gariyaband, Chhattisgarh. 3 - District Education Officer Gariyaband, District Gariyaband, Chhattisgarh. --- Respondent(s) WPS No. 5744 of 2025 1 - Ruchi Shrivastava W/o. Shri Arpit Shrivastava Aged About 37 Years Lecturer (Maths) Govt. Higher Secondary School, Kudurmaal, Korba, District - Korba (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur, District - Raipur (C.G.) 2 - District Education Officer Korba, District - Korba (C.G.) --- Respondent(s) WPS No. 5709 of 2025 1 - Dr Simpal Tamrakar W/o Dr Sachin Tamrakar Aged About 38 Years Posted As Lecturer (Chemistry) At P.G. Umathe Aatmanand Yojna Antarngat Utkristh Govt. English Medium School, Shanti Nagar, Raipur, District - Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahandi Bhawan, Mantralaya, New Raipur, District - Raipur (C.G.) 2 - District Education Officer Raipur, District - Raipur (C.G.) --- Respondent(s) WPS No. 5686 of 2025 1 - Anil Kumar Shukla S/o Shri Harihar Prasad Shukla Aged About 45 Years Working As Assistant Teacher (L.B.) Government Primary School Sukhripali, Block Masturi, District Bilaspur (C.G.) ---Petitioner(s) 3 Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan Atal Nagar, New Raipur, District Raipur (C.G.) 2 - Collector Bilaspur, District Bilaspur (C.G.) 3 - District Education Officer Bilaspur, District Bilaspur (C.G.) 4 - Block Education Officer Masturi, District Bilaspur (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Ajay Shrivastava, Advocate For Respondent(s)/State : Mr. Suyashdhar Badgaiya, Deputy G.A. Mr. Mayur Khandelwal, Panel Lawyer Ms. Smita Jha, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/06/2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer orders and action of the respondents, whereby the petitioners have been declared surplus Teachers 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 is 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 4 instructions issued by the State Government. Learned State counsel 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 05 days from today, and appear before the said Committee on 30th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners within 07 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 petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved