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2025 DAILYLAW 27655 (CHH)

SMT. SAROJINI DAVID v. STATE OF CHHATTISGARH

WPS/5673/2025 · 2025-06-22

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26650 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5673 of 2025 1 - Smt. Sarojini David W/o Shri P. Baby Aged About 40 Years Teacher (Arts) T-Cadre, Government Girls Middle School Chikhlakasa, Block Dondi Distt. Balod Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Atal Nagar, Mantralaya, Naya Raipur Distt. Raipur Chhattisgarh 2 - Collector Cum President District Level Committee, Rationalization Committee, Balod Distt. Balod Chhattisgarh 3 - District Education Officer Balod Distt. Balod Chhattisgarh 4 - Block Education Officer Doni, Distt. Balod Chhattisgarh 5 - Joint Director Education Division, Durg Distt. Durg Chhattisgarh ... Respondent(s) For Petitioner (s) : Shri BL Dembra, Advocate. For State : Shri Ajit Singh, Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 23.06. 202 5 1. By way of this writ petition, the petitioner(s) is/are challenging the impugned transfer order and action of the respondents whereby the petitioner(s) have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner(s) 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(s) and if the petitioner(s) are not granted interim relief, they will 2 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 petitioner(s) 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. 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(s) 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 30th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner(s) 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 respective petitioner(s), the impugned transfer order issued under Rationalization Instructions, so far as petitioner(s) 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 inder