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2025 DAILYLAW 26624 (CHH)

PILESHWAR SETH v. STATE OF CHHATTISGARH

WPS/4558/2025 · 2025-06-12

Shri Ravindra Kumar Agrawal

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:24093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4538 of 2025 1 - Prafull Minj S/o Emanwel Minj Aged About 59 Years Lecturer (Economics), Aged About 59 Years, Presently Posted At Government Higher Secondary School Ballodi, Block Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - The Director Directorate Of Public Instruction Indrawati Bhawan, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - Collector Sarangarh - Bilaigarh, Distt. Sarangarh-Bilaigarh, Chhattisgarh. 4 - Joint Director Education Bilaspur Division Bilaspur, Distt. Bilaspur, Chhattisgarh. 5 - District Education Officer Sarangarh-Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh. 6 - Principal Government Higher Secondary School Lendhra, Block Baramkela, District Sarangarh-Bilaigarh, Chhattisgarh. --- Respondent(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.14 14:51:08 +0530 2 WPS No. 4558 of 2025 - Pileshwar Seth S/o Lt. Uchhabo Seth Aged About 50 Years Lecturer (Economics L.B.) E Presently Posted At Government Higher Secondary School, Bar, Block Baramkela, District Sarangarh- Bilaigarh, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh 2 - The Director, Directorate Of Public Instruction Indrawati Bhawan, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh 3 - Collector, Sarangarh-Bilaigarh, Distt. Sarangarh-Bilaigarh, Chhattisgarh. 4 - Joint Director Education, Bilaspur Division, Bilaspur Chhattisgarh. 5 - District Education Officer, Sarangarh-Bilaigarh, Distt. Sarangarh-Bilaigarh, Chhattisgarh. 6 - Principal Government Higher Secondary School Bar, Block Baramkela, Distt. Sarangarh-Bilaigarh, Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Dhaniram Patel, Advocate. For Respondent(s) : Ms. Smita Jha, 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 3 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 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. 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok