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2025 DAILYLAW 26930 (CHH)

SMT. NIDHI GUPTA v. STATE OF CHHATTISGARH

WPS/5391/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5391 of 2025 1 - Smt. Nidhi Gupta W/o Shri Nishant Gupta Aged About 45 Years D/o Shri Mahesh Kesharwani, Occupation- Service, Presently Working As Lecturer (Chemistry), Government Higher Secondary School Banari, Block Nawagarh, District Janjgir- Champa (C.G.), R/o. Ward No. 15, Suraj Sadan, Near Madhav Lodge, Janjgir, District Janjgir-Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya New Raipur, District Raipur (C.G.) 2 - The Director Public Instructions, Directorate, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 3 - Joint Director Education Division Bilaspur Distt Bilaspur (C.G.) 4 - The District Education Officer District Janjgir-Champa (C.G.) 5 - The Block Education Officer Block Nawagarh, District Janjgir- Champa (C.G.) 6 - The Block Education Officer Block Malkharoda, District Sakti (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Pushpendra Kumar Patel, Advocate. For Respondent(s) : Mr. Kanwaljeet Singh Saini, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 20-06-2025 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 ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.20 19:02:17 +0530 2 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 26th 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