2025:CGHC:25538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4906 of 2025 Mukesh Kumar Patel S/o Shri Dolnarayan Patel Aged About 37 Years R/o Village- Reda, Tahsil- Dabhra, District- Sakti (C.G.) (Sr. No. 3763 In Seniority List) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Its Secretary, Department Of Education, Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.) 2 - Director Lok Shikshan Sanchnalay, Indrawati Bhawan, Nawa Raipur, District Raipur (C.G.) 3 - Joint Director Education Division, Bilaspur, District Bilaspur (C.G.) 4 - Collector Sakti, District Sakti (C.G.) 5 - District Education Officer Sakti, District Sakti (C.G.) 6 - Block Education Officer Block- Dabhara, District Sakti (C.G.) 7 - Government Middle School, Devarhat Through Its Head Master, Block- Lormi, District Mungeli (C.G.) 8 - Manoj Kumar Patel Government Middle School, Bandhapali, Through Its Head Master, Block- Dabhra, District Sakti (C.G.) (Sr. No. 4667 In Seniority List) 9 - Dhaneshwar Prasad Bhoi Government Middle School, Sukhapali, Through Its Head Master, Block- Dabhra, District Sakti (C.G.) (Sr. No. 4582 In Seniority List) 10 - Ashok Kumar Dewangan Government Middle School, Bandora, Through Its Head Master, Block- Malkharouda, District Sakti (C.G.) (Sr. No. 4687 In Seniority List) 11 - Trilochan Prasad Sahu Government Middle School, Charouda, Through Its Head Master, District Sakti (C.G.) (Sr. No. 4705 In Seniority List) 12 - Amendra Kumar Government Middle School, Chhotemudpar, Through Its Head Master, Block- Malkharouda, District Sakti (C.G.) (Sr. No. 4919 In Seniority List) 13 - Yogesh Banarjee Government Middle School, Bongapar, Through Its Head Master, Block- Nawagarh, District Janjgir- Champa (C.G.) (Sr. No. 4933 In Seniority List) 14 - Dev Singh Kanwar Government Girls Middle School, Balauda, Through Its Head Master, Block- Balauda, District- Janjgir- Champa (C.G.) (Sr. No. 4947 In Seniority List) Digitally signed by V PADMAVATHI Date: 2025.06.19 15:35:47 +0530 Wps 4906 of 2025 2 15 - Sayyed Zafar Ali Government Middle School, Jhilmili, Through Its Head Master, Block- Pamgarh, District Janjgir- Champa (C.G.) (Sr. No. 8361 In Seniority List) 16 - Sant Ram Sahu Government Boys Middle School, Balauda, Through Its Head Master, Block- Balauda, District Janjgir- Champa (C.G.) (Sr. No. 8393 In Seniority List) 17 - Rajkumar Kurre Government Middle School, Navgawan, Through Its Head Master, Block- Balauda, District Janjgir- Champa (C.G.) (Sr. No. 8408 In Seniority List) 18 - Government Middle School Khurghatti, Through Its Head Master, Block- Sakti, District Sakti (C.G.) ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Puneet Ruparel, Advocate For Respondents/State : Shri SP Kale, Additional AG ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 18.06.2025 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 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, he/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. Learned State counsel would further submit that if the petitioner is having any grievance, he/she may move fresh representation before the concerned District Rationalization Committee, and the Committee will take a decision on his/her representation in accordance with law within a stipulated period. Wps 4906 of 2025 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 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 24th 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(s), the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioner(s) is/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 padma