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2025 DAILYLAW 26698 (CHH)

KAMLESH KUMAR SAHU v. STATE OF CHHATTISGARH

WPS/4698/2025 · 2025-06-15

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:24355 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4690 of 2025 1 - Brijesh Kumar Gupta S/o Dev Kumar Gupta Aged About 37 Years Permanent R/o Village And Post Tatapani, Block And Balrampur- District Balrampur- Ramanujganj (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mahanadi Bhavan, Mantralaya Police Station And Post- Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur (Cg) 2 - Director Directorate Of Public Instructions, Indravati Bhavan, Atal Nagar, Naya Raipur, Distt. Raipur (Cg) 3 - Joint Director School Education Division, Surguja, Ambikapur (Cg) 4 - Collector Balrampur-Ramanujganj (Cg) 5 - District Education Officer District Balrampur- Ramanujganj (Cg) 6 - Block Education Officer Ramchandrapur, Distt. Balrampur- Ramanujganj (Cg) --- Respondent(s) WPS No. 4698 of 2025 1 - Kamlesh Kumar Sahu S/o Shri Chamru Ram Sahu Aged About 39 Years Permanent R/o Village And Post Kataud, Block Navagarh, District Janjgir- Champa, Chhattisgarh. At Present, R/o Nagar Panchayat Pratappur, Post Pratappur, District Surajpur, Chhattisgarh. ---Petitioner(s) Versus VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.16 18:31:45 +0530 2 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Police Station And Post Rakhi, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 - Joint Director School Education Division, Surguja, Ambikapur, Chhattisgarh. 4 - Collector Balrampur-Ramanujganj, Chhattisgarh. 5 - District Education Officer District Balrampur-Ramanujganj, Chhattisgarh. 6 - Block Education Officer Wadraf Nagar, District Balrampur-Ramanujganj, Chhattisgarh. ... Respondent(s) (Cause title taken from Case Information System) For Petitioners : Mr. Manish Nigam, Advocate For Respondents/State : Mr. Anmol Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 16/06/2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer orders and action of the respondents, whereby the petitioners have been declared surplus Teachers and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioners 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 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 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. Learned State counsel 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 05 days from today, and appear before the said Committee on 20th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners within 07 days from the date of receipt of representation in accordance with law, in objective manner. Till decision on the representation is communicated to the petitioners, the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved