Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:24809
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4787 of 2025 1 - Santkumar Uike S/o Shri Shyam Lal Uike Aged About 41 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Nawagaon, Block Antagarh, District Kanker (North Bastar) 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 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 3 - Joint Director Education Division Jagdalpur, District Bastar Chhattisgarh 4 - Collector District Kanker (North Bastar) Chhattisgarh 5 - District Education Officer Kanker (North Bastar), District Kanker (North Bastar) Chhattisgarh 6 - Block Education Officer Antagarh, District Kanker (North Bastar) Chhattisgarh
--- Respondent(s) WPS No. 4899 of 2025 1 - Mukesh Kumar Patel S/o Shri Uttam Patel Aged About 35 Years Presently Working As Asst. Teacher (L.B.) At Govt. Middle School Kharsia, Block Kharsia, District - Raigarh (C.G.)
---Petitioner(s) Versus ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.17 17:56:47 +0530
2 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.). 3 - Joint Director Education Division Bilaspur, District Bilaspur (C.G.) 4 - Collector District Raigarh, (C.G.) 5 - District Education Officer Raigarh, District Raigarh (C.G.) 6 - Block Education Officer Kharsia, District Raigarh, (C.G.)
--- Respondent(s) For Petitioner(s) : Mr. Jeet Ram Patel, Advocate. For Respondent(s) : Mr. Anmol Sharma, Panel Lawyer.
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 the Committee will take a decision on their representation in accordance with law within a stipulated period.
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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