2025:CGHC:24400 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4731 of 2025 Tamradhwaj Gayakwad S/o Ram Singh Gayakwad Aged About 43 Years Presently Posted At Teacher (L.B.) Government Middle School, Housing Board, Bhilai Block Durg, District- Durg, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh. 2 - The Director Directorate Of Public Instruction Indrawati Bhawan, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur, Chhattisgarh. 3 - Collector Durg, Distt.- Durg, Chhattisgarh. 4 - Joint Director Education Durg Division, Durg, Distt.- Durg Chhattisgarh. 5 - District Education Officer Durg District- Durg, Chhattisgarh. 6 - Block Education Officer Durg Block Durg, District- Durg, Chhattisgarh. ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Dhaniram Patel, Advocate For Respondents/State : Shri SP Kale, Additional AG, and Shri Ajit Singh, GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 16.06.2025 1. By way of this writ petition, the petitioner is challenging the impugned transfer order and action of the respondents whereby the petitioner has been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. Digitally signed by V PADMAVATHI Date: 2025.06.16 17:39:47 +0530 Wps 4731 of 2025 2 2. Learned counsel for the petitioner would submit that list of surplus Teachers published by the respondents is against the rationalization instructions, and the same is arbitrary as no proper opportunity of hearing was given to the petitioner, and if the petitioner is not granted interim relief, he/she 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 petitioner has been transferred under the rationalization instructions issued by the State Government. Learned State counsel would further submit that if the petitioner is having any grievance, he/she may move fresh representation before the concerned District Rationalization Committee, and the Committee will take a decision on his/her 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 petitioner is 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 20th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner 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 respective petitioner(s), the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioner(s) is/are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma