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2025 DAILYLAW 27374 (CHH)

SMT. BHARTI PATNAIK v. STATE OF CHHATTISGARH

WPS/4774/2025 · 2025-06-16

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:24802 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4774 of 2025 1 - Smt. Bharti Patnaik W/o Chitranjan Patnaik Aged About 39 Years Occupation - Asst. Teacher Science (L.B.) At Government Primary School Boys Tundri, District - Sakti (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Of School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director Public Instruction, Chhattisgarh Head Quarter, Indravati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - The Collector Sakti, District - Sakti (C.G.) 4 - District Education Officer And Secretary District Rationalization Samity, District - Sakti (C.G.) --- Respondent(s) WPS No. 4857 of 2025 1 - Bhukhan Lal Thakur S/o. Nathu Ram Thakur Aged About 47 Years Occupation - Teacher Science (E) At Government Pre-Middle School, Jamrao, District - Durg (C.G.) ---Petitioner(s) Versus ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.17 17:59:21 +0530 2 1 - State Of Chhattisgarh Through Secretary Of School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director Public Instruction, Chhattisgarh Head Quarter Indravati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - The Collector Durg, District - Durg (C.G.) 4 - Joint Director Education Division, Durg, District - Durg (C.G.) 5 - District Education Officer Durg, District - Durg (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Vineet Kumar Pandey, Advocate. For Respondent(s) : Mr. Vinay Pandey, Dy. Advocate General. 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