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2025 DAILYLAW 26487 (CHH)

SMT. DEEPA PATEL v. STATE OF CHHATTISGARH

WPS/4533/2025 · 2025-06-12

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:24089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4533 of 2025 1 - Smt. Deepa Patel W/o Shri Kashi Ram Patel, Aged About 38 Years, Presently Posted as Teacher (LB), Government Middle School Potapara, Block Pithora, District Mahasamund, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Directorate of Public Instructions Through its Director, Department School Education, Indravati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3 - District Education Officer Mahasamund, District Mahasamund, Chhattisgarh 4 - District Rationalisation Committee, Through its Secretary, Office Of District Education Officer, Mahasamund, District Mahasamund, Chhattisgarh 5 - Smt. Romin Rajak, Posted as Teacher (LB), Government Middle School Chicharra, District Mahasamund, Chhattisgarh 6 - Smt. Manjulata Pradhan, Posted as Teacher (LB), Government Middle School Bichiya, District Mahasamund, Chhattisgarh 7 - Smt. Lokeshwari Sahu, Posted as Teacher (LB), Government Middle School Mogra, District Mahasamund, Chhattisgarh 8 - Smt. Chetna Bhoi Posted as Teacher (LB), Government Girls Middle School Pithora, District Mahasamund, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Amrito Das, Advocate. For State/Respondents : Mr. Anmol Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 13-06-2025 1. By way of this writ petition, the petitioner is challenging the impugned transfer Digitally signed by MOHAMMAD AADIL KHAN 2 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 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 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 petitioner 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 petitioner, the impugned transfer order issued under Teacher Rationalization Instructions, so far as the 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