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2025 DAILYLAW 26480 (CHH)

PUNESHWAR KUMAR NETAM v. STATE OF CHHATTISGARH

WPS/4472/2025 · 2025-06-15

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:24294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4472 of 2025 1 - Puneshwar Kumar Netam S/o Mehattar Singh Aged About 42 Years Teacher (L.B.) Govt. Middle School Jamul, Block Durg, District - Durg (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Nava Raipur Atal Nagar District- Raipur (C.G.) 2 - Director Public Instruction Directorate, Indrawati Bhawan Nava Raipur Atal Nagar , District - Raipur (C.G.) 3 - Divisional Joint Director (Education Durg Division Durg, District- Durg (C.G.) 4 - District Education Officer Durg District - Durg (C.G.) --- Respondent(s) WPS No. 4484 of 2025 1 - Rajendra Kumar Sahu S/o Shri Motiram Sahu Aged About 40 Years Teacher (L.B.), Govt. Middle School Jamul, Block Durg, District Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District Raipur (C.G.) 2 - Director, Public Instructions, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 3 - Divisional Joint Director (Education), Durg Division, Durg, District Durg (C.G.) 4 - District Education Officer, Durg, District Durg (C.G.) ... Respondent(s) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.16 18:53:28 +0530 2 (Cause title taken from Case Information System) For Petitioners : Mr. C. Jayant K. Rao, Advocate For Respondents/State : Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 16/06/2025 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. 3 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 20th 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