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2025 DAILYLAW 27362 (CHH)

SMT. LAXMI DEVI KASHYAP v. STATE OF CHHATTISGARH

WPS/4829/2025 · 2025-06-16

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:24827 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4829 of 2025 1 - Smt. Laxmi Devi Kashyap W/o Shri Amarnath Kashyap Aged About 46 Years Occupation- Service, Presently Working As Teacher (L.B.) (Subject- Arts), Government Middle School Kusmunda, Sankul Kusmunda, Block Katghora, District Korba, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 2 - The Director Public Instructions Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - The Collector District Korba, Chhattisgarh. 4 - The Collector Cum President District Level Rationalization Committee, Korba, District Korba, Chhattisgarh. 5 - The District Education Officer District Korba, Chhattisgarh. 6 - The Block Education Officer Block Katghora, District Korba, Chhattisgarh. 7 - The Block Education Officer, Block Podi-Uproda, District Korba, Chhattisgarh. --- Respondent(s) WPS No. 4836 of 2025 1 - Pushpendra Kumar Jaiswal S/o Shri Vinod Lal Jaiswal Aged About 52 Years Occupation - Service, Working As Assistant Teacher (L.B.), Government Primary School Sarwani, Block Kharsia, District Raigarh Chhattisgarh ---Petitioner(s) Versus ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.17 17:59:17 +0530 2 1 - State Of Chhattisgarh Through Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh 2 - The Director Public Instructions, Directorate, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - The Collector Distt - Raigarh Chhattisgarh 4 - The District Education Officer Distt - Raigarh Chhattisgarh 5 - The Block Education Officer Block Kharsia, Distt - Raigarh Chhattisgarh 6 - The Block Education Officer Block Gharghoda, Distt - Raigarh Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Pushpendra Patel, Advocate. For Respondent(s) : Mr. Ajit Singh, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 17-06-2025 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 3 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 23rd 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