Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:24781
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4661 of 2025 1 - Jhalendra Kumar Diwan S/o. Shri Nandkumar Diwan Aged About 47 Years Working As Lecturer (L.B.) At Govt. Higher Secondary School, Jamgaon, Block And Tahsil - Fingeshwar, District - Gariyaband (C.G.)
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur (C.G.) 2 - The Director Public Instructions Directorate, Indravati Bhawan, Raipur, Atal Nagar, Raipur (C.G.) 3 - The Collector Gariyaband, District - Gariyaband (C.G.) 4 - The Joint Director Education Division, Raipur, District - Raipur (C.G.) 5 - The District Education Officer Gariyaband, District - Gariyaband (C.G.) 6 - The Block Education Officer Fingeshwar, District - Gariyaband (C.G.)
--- Respondent(s) WPS No. 4856 of 2025 1 - Radheshyam Chouhan S/o Late Tarachand Chouhan Aged About 52 Years Working As Assistant Teacher (L.B.) At Govt. Primary School, Rabartsan, Block And Tahsil - Kharsiya, District- Raigarh (C.G.)
---Petitioner(s) SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.17 17:50:36 +0530
2 Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahandi Bhawan, New Raipur, District- Raipur (C.G.) 2 - The Director Public Instructions Directorate Indravati Bhawan Raipur, Atal Nagar, Raipur (C.G.) 3 - The Collector Raigarh, District- Raigarh (C.G.) 4 - The Joint Director Education Division, Bilaspur, District- Bilaspur (C.G.) 5 - The District Education Officer Raigarh, District- Raigarh (C.G.) 6 - The Block Education Officer Kharsiya, District- Raigarh (C.G.)
--- Respondent(s) WPS No. 4782 of 2025 1 - Smt. Sharda Dubey W/o Shri Rakesh Kumar Dubey Aged About 44 Years Working As Assistant Teacher (L.B.) At Govt. Primary School, Bariya, Block- Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 2 - The Director Public Instructions Directorate Indravati Bhawan, Raipur, Atal Nagar, Raipur, Chhattisgarh. 3 - The Collector Balrampur-Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh. 4 - The Joint Director Education Division, Sarguja, Chhattisgarh. 3 5 - The District Education Officer Balrampur-Ramanujganj, District Balrampur- Ramanujganj, Chhattisgarh. 6 - The Block Education Officer Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. --- Respondent(s) WPS No. 4762 of 2025 1 - Smt. Seema Nannware W/o Shri Sandeep Rao Nannware Aged About 39 Years Working As Assistant Teacher (L.B.) At Govt.
Primary School, Pitaiband Road Rajim, Block And Tahsil Fingeshwar, District Gariyaband Chhattisgarh
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan New Raipur District Raipur Chhattisgarh 2 - The Director Public Instructions Directorate Indravati Bhawan Raipur, Atal Nagar Raipur District Raipur Chhattisgarh 3 - The Collector Gariyaband, District Gariyaband Chhattisgarh 4 - The Joint Director Education Division, Raipur District Raipur Chhattisgarh 5 - The District Education Officer Gariyaband, District Gariyaband Chhattisgarh 6 - The Block Education Officer Fingeshwar, District Gariyaband Chhattisgarh
--- Respondent(s)
For Petitioner(s) : Mr. R. S. Patel, Advocate For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer Ms. Anuja Sharma, Panel Lawyer
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Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board 17/06/2025
1. By way of this writ petition, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have been 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. 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
5 days from today, and appear before the said Committee on 23rd June,
2025. Thereafter, the Committee shall decide the representation of the petitioner 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 petitioner, the impugned transfer order issued under Teacher Rationalization Instructions, so far as 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 sagrika