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2025 DAILYLAW 27674 (CHH)

DR. YOGESH KUMAR TIWARI v. STATE OF CHHATTISGARH

WPS/4910/2025 · 2025-06-17

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:25218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4910 of 2025 1 - Dr. Yogesh Kumar Tiwari S/o. Late Shri Kanhaiya Lal Tiwari Aged About 60 Years R/o. Ward No. 17, Narmada Nagar, Tahsil - Bilaspur, P.S. Civil Lines, 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 - 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 - Bilaspur (C.G.) 5 - District Education Officer Bilaspur, District - Bilaspur (C.G.) 6 - Block Education Officer Takhatpur, District - Bilaspur (C.G.) 7 - Government Primary School, Saida Through The Head Master, Block - Takhatpur, District - Bilaspur (C.G.) --- Respondent(s) SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.18 19:28:53 +0530 2 WPS No. 5010 of 2025 1 - Heeraman Singh Sahu S/o Late Shri Kishan Lal Sahu Aged About 41 Years R/o Village Mainpur Tahsil Mainpur, District Gariyaband (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 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - Joint Director Education Division Raipur, District Gariyaband (C.G.) 4 - Collector District Gariyaband (C.G.) 5 - District Education Officer Gariyaband, District Bilaspur (C.G.) 6 - Block Education Officer Gariyanabd, District Bilaspur (C.G.) Government Middle School Shobha, Through The Head Master, Block Mainpur, District Gariyaband (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Raj Kumar Sahu, Advocate For Respondent(s) : Mr. S. P. Kale, Addl. Advocate General Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 18/06/2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 3 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. Learned State counsel 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 05 days from today, and appear before the said Committee on 24th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner within 07 days from the date of receipt of representation in accordance with law, in objective manner. Till decision on the representation is communicated to the petitioner, the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioner is concerned, be kept in abeyance. 4 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika