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2025 DAILYLAW 26527 (CHH)

PRATIBHA JAISWAL v. STATE OF CHHATTISGARH

WPS/4469/2025 · 2025-06-12

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:24057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4469 of 2025 1 - Pratibha Jaiswal D/o Shri Kanhaiya Lal Jaiswal Aged About 26 Years R/o Laluram Colony, T.P. Nagar, New Bus Stand, Korba, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nawa- Raipur (C.G.) 2 - Directorate Of Public Instruction Indrawati Bhawan, District- Raipur, Chhattisgarh 3 - Collector Korba District- Korba, Chhattisgarh 4 - District Education Officer District- Korba, Chhattisgarh 5 - Block Education Officer Korba District Korba Chhattisgarh 6 - Principle Primary School Kapatmuda, Block- Katghora District- Korba, Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Soumya Rai, Advocate. For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 13-06-2025 1. By way of this writ petition, the petitioner is challenging the impugned transfer order and action of the respondents whereby the petitioner has been ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.14 14:51:09 +0530 2 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 are 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 Alok