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2025 DAILYLAW 27028 (CHH)

ENUS KUJUR v. STATE OF CHHATTISGARH

WPS/4803/2025 · 2025-06-15

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:24405 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4803 of 2025 1 - Enus Kujur S/o Daduram Kujur Bandiyakhar Aged About 53 Years R/o Ward No. 01, Pathalgaon (N.P), Pathalgaon, Jashpur, District- Jashpur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar- Nava Raipur, District- Raipur (C.G.) 2 - Directorate Of Public Instructions Through Its Director First Floor, C- Block, Indrawati Bhawan, Atal Nagar- Nava Raipur, District- Raipur (C.G.) 3 - Collector District- Jashpur Office Of Collector, District- Jashpur, Jashpur Nagar, District- Jashpur (C.G.) 4 - District Education Officer District- Jashpur, District Education Office Jashpur, District- Jashpur (C.G.) 5 - Block Education Officer Pathelgaon District- Jashpur, Office Of Block Education Officer Pathalgaon, District- Jashpur (C.G.) 6 - District Level Rationalisation Committee Through Its Secretary/ District Education Officer District- Jashpur 7 - Headmaster Government Primary School- Balampara, Development Block- Pathalgaon, District- Jashpur (C.G.) 8 - Akshay Kumar S/o Late Goraknath Kurre Aged About 42 Years R/o Mahadev Tikra, Post- Dewanpur, District- Jashpur (C.G.) Presently Working As Assistant Teacher (Local Body/lb) At Primary School- Balampara, Development Block- Pathalgaon, District- Jashpur ... Respondent(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.17 10:52:09 +0530 2 For Petitioner(s) : Mr. Siddharth Dubey, Advocate. For Respondent(s) : Mr. Ajit Singh, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 16-06-2025 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 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, he 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, he may move fresh representation before the concerned District Rationalization Committee and the Committee will take a decision on his 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 20th 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, 3 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