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2025 DAILYLAW 27671 (CHH)

HEMANT KUMAR PATEL v. STATE OF CHHATTISGARH

WPS/5180/2025 · 2025-06-18

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:25642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5074 of 2025 1 - Deepa Sahu W/o Pikeshwar Sahu Aged About 45 Years Presently Working As Teacher, At Govt. Middle School Mouhapali, Block Kharsia, District Raigarh (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Riapur, District Raipur, (C.G.) 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - The Collector, Raigarh District Raigarh (C.G.) 4 - The District Education Officer, Raigarh District Raigarh (C.G.) 5 - The Block Education Officer, Kharsia District Raigarh (C.G.) --- Respondent(s) WPS No. 5204 of 2025 1 - Chandrika Soni S/o Lakhan Lal Soni Aged About 49 Years Working As Teacher (L.B.), Government Middle School Chichgaon, Block- Bhanupratappur, District- Kanker, C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.19 19:15:31 +0530 2 3 - The Divisional Joint Director Education Division, Jagdalpur, District- Bastar (C.G.) 4 - The Collector District- Kanker, Chhattisgarh 5 - The District Education Officer Kanker, District- Kanker, Chhattisgarh 6 - The Block Education Officer Bhanupratappur, District- Kanker, Chhattisgarh --- Respondent(s) WPS No. 5195 of 2025 1 - Chainoo Ram Markam S/o Sukhnath Markam Aged About 44 Years Working As Teacher (L.B.), Government Middle School Deurbal, Block- Makdi, District- Kondagaon C.G. 2 - Sondhar Nag S/o Sada Ram Nag Aged About 38 Years Working As Teacher (L.B.), Government Middle School Deurbal, Block- Makdi, District- Kondagaon C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - The Divisional Joint Director Education Division, Jagdalpur, District- Bastar (C.G.) 4 - The Collector District Kondagaon, Chhattisgarh 5 - The District Education Officer Kondagaon, District- Kondagaon, Chhattisgarh 6 - The Block Education Officer Makdi, District- Kondagaon, Chhattisgarh --- Respondent(s) WPS No. 5180 of 2025 1 - Hemant Kumar Patel S/o. Paras Ram Patel Aged About 54 Years Presently Working As Assistant Teacher, At Govt. Primary School, Metkula, Block - Kasdol, District - Balodabazar-Bhatapara (C.G.) ---Petitioner(s) Versus 3 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - The Director, Directorate Of Public Instruction Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - The Joint Director Education Division Raipur, District - Raipur (C.G.) 4 - The Collector, Balodabazar District - Balodabazar-Bhatapara (C.G.) 5 - The District Education Officer District - Balodabazar-Bhatapara (C.G.) 6 - The Block Education Officer, Kasdol District - Balodabazar-Bhatapara (C.G.) --- Respondent(s) WPS No. 5146 of 2025 1 - Rakesh Kumar Nag S/o. Naval Singh Nag Aged About 43 Years Working As Teacher (L.B.) Government Upper Primary School, Hatelpara, Bagbeda, Block - Makdi, District - Kondagaon (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 3 - The Collector District - Kondagaon (C.G.) 4 - The District Education Officer Kondagaon, District - Kondagaon (C.G.) 5 - The Block Education Officer Makdi, District - Kondagaon (C.G.) --- Respondent(s) WPS No. 5102 of 2025 1 - Kusum Jaiswal W/o Suresh Jaiswal Aged About 46 Years Wroking As Assistant Teacher (L.B.) Govt, Primary School Pahadi Korwa Kanya Siksha Parisar Rajpur Block Rajpur District - Balrampur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya Mahanadi, Bhawan Atal Nagar Nawa Raipur District - Raipur (C.G.) 4 2 - The Director Directorate Of Public Instruction Indrawati Bhawan, Atal Nagar, Nawa Raipur District - Raipur (C.G.) 3 - The Collector District - Balrampur Chhattisgarh 4 - The District Education Officer Balrampur District - Balrampur - Ramanujganj Chhattisgarh 5 - The Block Education Officer Rajpur District - Surajpur Chhattisgarh --- Respondent(s) WPS No. 5090 of 2025 1 - Tirith Ram Farwi S/o Jawahar Lal Farwi Aged About 54 Years Presently Working As Teacher, At Govt. Middle School Bhatgaon, Block- Bilha, District Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - The Joint Director Education Division Raipur, District Raipur (C.G.) 4 - The Collector Bilaspur, District Bilaspur (C.G.) 5 - The District Education Officer Bilaspur, District Bilaspur (C.G) 6 - The Block Education Officer Bilha, District Bilaspur (C.G.) --- Respondent(s) For Petitioner(s) : Mr. R. K. Verma, Advocate. For Respondent(s) : Mr. S. P. Kale, Additional Advocate General. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 19-06-2025 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. 5 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. 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 25th 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