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2025 DAILYLAW 27063 (CHH)

SMT. KIRAN DEVI PAINKARA v. STATE OF CHHATTISGARH

WPS/5362/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:26095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5362 of 2025 1 - Smt. Kiran Devi Painkara W/o Shri Chain Singh Painkara Aged About 36 Years Presently Posted As Teacher (Lb), Government Middle School Bamhani, Block Kasdol, District Baloda Bazar- Bhatapara, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Directorate Of Public Instructions Through Its Director Department School Education, Indravati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3 - District Education Officer Baloda Bazar District Baloda Bazar- Bhatapara, Chhattisgarh 4 - District Rationalisation Committee Through Its Secretary, Office Of District Education Officer, Baloda Bazar, District Baloda Bazar- Bhatapara, Chhattisgarh 5 - Shri Saheb Lal Patel S/o Shri Raja Ram Patel Aged About 38 Years Presently Posted As Teacher (Lb), Government Middle School Bamhani, Block Kasdol, District Baloda Bazar- Bhatapara, Chhattisgarh --- Respondent(s) WPS No. 5340 of 2025 1 - Smt. Basanti Pradhan W/o Shri Anil Kumar Pradhan Aged About 44 Years Presently Posted As Lecturer (Hindi), Government Higher Secondary School Toresinha, Block Saraipali, District Mahasamund, Chhattisgarh ---Petitioner(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.20 19:02:19 +0530 2 Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - Directorate Of Public Instructions Through Its Director, Department School Education, Indravati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3 - District Education Officer, Mahasamund Mahasamund, District Mahasamund Chhattisgarh 4 - District Rationalisation Committee Through Its Secretary, Office Of District Education Officer, Mahasamund, District Mahasamund Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Yashkaran Singh, Advocate. For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 20-06-2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have declared surplus Teacher 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 are 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. 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. He would further submit that if the petitioners are having any grievance, they may move fresh 3 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 five days from today, and appear before the said Committee on 26th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners 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 petitioners, the impugned transfer order issued under Teacher Rationalization Instructions, so far as the petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok