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2025 DAILYLAW 26427 (CHH)

SMT. VARSHA SAHU v. STATE OF CHHATTISGARH

WPS/4487/2025 · 2025-06-12

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:24064 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4487 of 2025 1 - Smt. Varsha Sahu W/o Resham Lal Sahu Aged About 29 Years Working As Assistant Teacher (Lb) And Posted At Govt. Primary School Chorbhatthi, Block Pathariya, District Mungeli 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 Mungeli District Mungeli (C.G.) 4 - District Education Officer And Secretary District Level Rationalization Committee Mungeli District Mungeli (C.G.) 5 - Block Education Officer Block Pathariya District Mungeli (C.G.) --- Respondent(s) WPS No. 4525 of 2025 1 - Ramulal Yadav S/o Gajanand Yadav Aged About 40 Years Working As Assistant Teacher And Posted At Govt. Primary School Lachhanpur, Block Pathariya, District Mungeli, Chhattisgarh. ---Petitioner(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.14 14:51:08 +0530 2 Versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh. 2 - Director Directorate Of Chhattisgarh Public Instruction, Third Floor, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 3 - Collector Mungeli, District Mungeli, Chhattisgarh. 4 - District Education Officer And Secretary District Level Rationalization Committee, Mungeli, District Mungeli, Chhattisgarh. 5 - Block Education Officer Block Pathariya, District : Mungeli, Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Banhiman Roy, Advocate. For Respondent(s) : Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 13-06-2025 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. She would further submit that 3 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 19th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners 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 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