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2025 DAILYLAW 27283 (CHH)

SMT. KAMINI PILLAI DHIWAR v. STATE OF CHHATTISGARH

WPS/5524/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:26125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5371 of 2025 1 - Devchand Yadav S/o Shri Johan Ram Yadav Aged About 47 Years Working As Govt. Higher Secondary School, Pipra, Block - Keshkal, District- Kondagaon (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - The Joint Director Education Division Raipur, District - Raipur (C.G.) 4 - The Collector Kondagaon, District - Kondagaon (C.G.) 5 - The District Education Officer Kondagaon, District - Kondagaon (C.G.) --- Respondent(s) WPS No. 5524 of 2025 1 - Smt. Kamini Pillai Dhiwar W/o. Shri Tarun Kumar Dhiwar Aged About 44 Years Presently Working As Lecturer (L.B.) At Govt. H.S. School, Sunderkera, Block - Abhanpur, District - Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - The Director, Directorate Of Public Instruction Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - The Joint Director Education Division, Raipur, District - Raipur (C.G.) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.20 19:02:19 +0530 2 4 - The Collector Raipur, District - Raipur (C.G.) 5 - The District Education Officer Raipur, District - Raipur (C.G.) 6 - The Block Education Officer Abhanpur, District - Raipur (C.G.) --- Respondent(s) WPS No. 5452 of 2025 1 - Chandresh Kumar Sahu S/o Shri Gyan Das Sahu Aged About 34 Years Presently Wroking As Teacher As Govt.Middle School, Hardi, District- Rajnandgaon (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - The Joint Director Education Division Janjgir-Champa, District - Janjgir-Champa (C.G.) 4 - The Collector Rajnandgaon District- Rajnandgaon (C.G.) 5 - The District Education Officer Rajnandgaon, District- Rajnandgaon (C.G.) 6 - The Block Education Officer Rajnandgaon, District- Rajnandgaon (C.G.) --- Respondent(s) WPS No. 5414 of 2025 1 - Shabana Khan W/o Shri Mohmmad Asharaf Aged About 49 Years Presently Working As Assistant Teacher (L.B.) At Govt, Primary School, Karethi, Block Dongarhgaon, District Rajnandgaon, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 3 - The Joint Director Education Division, Raipur, District Raipur, Chhattisgarh. 4 - The Collector Rajnandgaon, District Rajnandgaon, Chhattisgarh. 5 - The District Education Officer Rajnandgaon, District Rajnandgaon, Chhattisgarh. 6 - The Block Education Officer, Dongarhgaon, District Rajnandgaon, Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Kaushal Yadav, Advocate. For Respondent(s) : Mr. S. Choubey, Panel Lawyer and 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 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. 4 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