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2025 DAILYLAW 27593 (CHH)

VARSHA TIWARI v. STATE OF CHHATTISGARH

WPS/5620/2025 · 2025-06-22

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26619 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5620 of 2025 1 - Varsha Tiwari D/o Late Shri Surendra Tiwari Aged About 45 Years R/o, C/o Abhimanyu Shadangi Lecturer, Ward No. 13, Near Post Office, Basti, Saraipali, District - Mahasamund, Chhattisgarh --- Petitioner versus 1 - State of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Director Directorate Of Public Education Chhattisgarh, First Floor, C Block, Indravati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3 - Collector District Mahasamund, Chhattisgarh 4 - District Education Officer Mahasamund, District Mahasamund, Chhattisgarh 5 - Block Education Officer Block Bagbahara, District Mahasamund, Chhattisgarh --- Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Vaibhav P. Shukla, Advocate. For State-Respondents : Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23-06-2025 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. 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 relief, she will suffer with Digitally signed by MOHAMMAD AADIL KHAN 2 irreparable loss. He would further submit that the provisions of Clause 7(c) (3) of the Rationalization Instructions dated 02-08-2024 has been violated as junior among others is to be declared as surplus teachers, whereas, in the present case, the petitioner is senior to other candidates, yet she has been declared as surplus and she has been transferred. 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. She would further submit that if the petitioner is having any grievance, she may move fresh representation before the concerned Divisional Rationalization Committee and the Committee will take a decision on 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 Divisional Rationalization Committee within a period of five days from today, and appear before the said Committee on 30th June, 2025. Thereafter, the Divisional Rationalization Committee shall decide the representation of the petitioner within seven days from the date of receipt of representation in accordance with law particularly in view of Clause 7(c)(3) of the Rationalization Instructions dated 02-08-2024 in objective manner. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil