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2025 DAILYLAW 26626 (CHH)

SMT. MONIKA PANDEY v. STATE OF CHHATTISGARH

WPS/4966/2025 · 2025-06-17

Shri Ravindra Kumar Agrawal

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:25245 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4966 of 2025 1 - Smt. Monika Pandey W/o Virendra Pandey Aged About 42 Years Presently Posted As Head Master, Govt. Primary School, Kumharpara, Sant Ravidas Nagar, Bilaspur Chhattis- garh R/o Kapil Nagar, Sarkanda, Bilaspur, Tehsil And District Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - The Directorate Department Of Public Education, Chhattisgarh, Through Its Director, First Floor, C-Block, Indravati Bhavan, Atal Nagar, Naya Raipur, District Raipur Chhattis- garh 3 - Collector Bilaspur District Bilaspur, Chhattisgarh 4 - Block Education Officer Belha, District Bilaspur, Chhattisgarh 5 - District Education Officer District Bilaspur, Chhattisgarh 6 - Project Officer Department Of Women And Child Development, District Bilaspur, Chhat- tisgarh 7 - Shaskiya Purva Madhyamik Shala Prayogik Bti Kumharpara, Bilaspur, Through Its Head Master, Kumharpara Bilaspur Chhattisgarh ... Respondent(s) For Petitioner (s) : Shri Sourabh Gupta, Advocate. For State : Shri Suyash Dhar, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 18.06.2025 1 By way of this writ petition, the petitioner(s) is/are challenging the impugned transfer order and action of the respondents whereby the petitioner(s) have 2 been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2 Learned counsel for the petitioner(s) 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 peti- tioner(s) and if the petitioner(s) 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 instruc- tions issued by the State Government. He would further submit that if the peti- tioner(s) 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 doc- uments. 5 In view of submissions made by learned counsel for the parties, the petitioner(s) 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 24th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner(s) within seven days from the date of receipt of representation in accordance with law in ob- jective manner. Till decision on the representation is communicated to respec- tive petitioner(s), the impugned transfer order issued under Rationalization In- structions, so far as petitioner(s) are concerned, be kept in abeyance. 6 With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge inder