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2025 DAILYLAW 26430 (CHH)

SMT. VANDANA SIDAR v. STATE OF CHHATTISGARH

WPS/4504/2025 · 2025-06-12

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:24013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4392 of 2025 1 - Jitendra Kumar Sonwani S/o Shri Manglaram Sonwani Aged About 42 Years R/o Vindhyavasini Nagar, Abhanpur, District - Raipur Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Atal Nagar, New Raipur, District - Raipur Chhattisgarh 2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, New Raipur, District - Raipur Chhattisgarh 3 - The Collector Gariyaband, District - Gariyaband Chhattisgarh 4 - The District Education Officer And Secretary Under District Rationalization Committee, Gariyaband, District - Gariyaband Chhattisgarh 5 - The Block Education Officer Chhura, District - Gariyaband Chhattisgarh --- Respondent(s) WPS No. 4430 of 2025 1 - Surendra Kumar Diwakar S/o Budhram Diwakar Aged About 46 Years Govt. Middle School, Kumudkatta, Block Doundi, District Balod Chhattisgarfh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - The Director Directorate Of Public Instrutions, Indravati Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 3 - The Collector Balod, District Balod Chhattisgarh 4 - The District Education Officer And Secretary Under District Rationalization Committee, Balod District Balod Chhattisgarh VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.14 13:46:02 +0530 2 5 - The Block Education Officer Doundi, District Balod Chhattisgarh --- Respondent(s) WPS No. 4454 of 2025 1 - Manoj Kumar Sahu S/o Late Chhabiram Sahu Aged About 55 Years R/o Dammani Colony, Navapara, Rajim, District Gariyaband, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 3 - The Collector Gariyaband, District Gariyaband, Chhattisgarh. 4 - The District Education Officer And Secretary Under District Rationalization Committee, Gariyaband, District Gariyaband, Chhattisgarh. 5 - The Block Education Officer Gariyaband, District Gariyaband, Chhattisgarh. --- Respondent(s) WPS No. 4504 of 2025 1 - Smt. Vandana Sidar W/o Shri Ruplal Sidar Aged About 56 Years Presently Working As Lecturer, Govt. High School, Bhalumar, Block- Gharghoda, District- Raigarh (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.) 3 - The Collector Raigarh, District- Raigarh (C.G.) 4 - The District Education Officer And Secretary Under District Rationalization Committee Raigarh, District- Raigarh (C.G.) 5 - The Block Education Officer Gharghoda, District Raigarh (C.G.) ... Respondent(s) (Cause title taken from Case Information System) 3 For Petitioners : Mr. Gourav Singhal, Advocate For Respondents/ State : Mr. S.P. Kale, Additional A.G. Mr. Vinay Pandey, Deputy A.G. Mr. Ajit Singh, Govt. Advocate Ms. Smita Jha, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 13/06/2025 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 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. 4 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 19th 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