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2025 DAILYLAW 27685 (CHH)

MUNESHWAR TIRKEY v. STATE OF CHHATTISGARH

WPS/5670/2025 · 2025-06-22

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:26599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5355 of 2025 1 - Girdhar Kumar Toppo S/o Nanku Toppo Aged About 37 Years Working As- Assistant Teacher (L.B.) At Primary School Bansdih, Block Shankargarh District- Balrampur- Ramanujganj (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Director Public Instruction Directorate First Floor, C- Block, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 3 - The Collector District Balrampur- Ramanujganj (C.G.) 4 - The District Education Officer District- Balrampur- Ramanujganj (C.G.) 5 - The Block Education Officer Block Shankargarh, District Balrampur- Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District Balrampur- Ramanujganj (C.G.) 7 - Malti Working As- Assistant Teacher At Primary School Bansdih, Block Shankargarh District Balrampur- Ramanujganj (C.G.) --- Respondent(s) SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.24 10:06:56 +0530 2 WPS No. 5743 of 2025 1 - Arun Kumar Soni S/o Shri Shyam Lal Soni Aged About 49 Years Working As Assistant Teacher, At Primary School Korvapara, Patrapara, Janpad Panchayat Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - The Director Public Instruction Directorate First Floor, C-Block, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Collector District Balrampur-Ramanujganj, Chhattisgarh. 4 - The District Education Officer District Balrampur-Ramanujganj, Chhattisgarh. 5 - The Block Education Officer, Block Rajpur, District Balrampur-Ramanujganj, Chhattisgarh. 6 - The Secretary, Rationalization Committee Cum District Education Officer, District Balrampur-Ramanujganj, Chhattisgarh. --- Respondent(s) WPS No. 5688 of 2025 1 - Rahul Sinha S/o Jawaharlal Sinha Aged About 46 Years Working As - Assistant Teacher (L.B.) At Primary School Katarikona, Block - Shankargarh, District Balrampur-Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Edcuation, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director Public Instruction Directorate, First Floor, C-Block, Indrawati Bhawan, Naya Raipur, District - Raipur (C.G.) 3 3 - The Collector District Balrampur-Ramanujganj (C.G.) 4 - The District Education Officer District Balrampur-Ramanujganj (C.G.) 5 - The Block Education Officer Block - Shankargarh, District Balrampur- Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District Balrampur-Ramanujganj (C.G.) --- Respondent(s) WPS No. 5670 of 2025 1 - Muneshwar Tirkey S/o Beersai Aged About 50 Years Working As Teacher (L.B.), At Middle School Karmi Uraotoli, Block Shankargarh, District Balrampur- Ramanujganj, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - The Director Public Instruction Directorate First Floor, C-Block, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Collector District Balrampur-Ramanujganj, Chhattisgarh. 4 - The District Education Officer District Balrampur-Ramanujganj, Chhattisgarh. 5 - The Block Education Officer, Block Shankargarh, District Balrampur- Ramanujganj, Chhattisgarh. 6 - The Secretary, Rationalization Committee Cum District Education Officer, District Balrampur-Ramanujganj, Chhattisgarh. --- Respondent(s) WPS No. 5666 of 2025 1 - Rakesh Sinha S/o. Jawaharlal Sinha Aged About 42 Years Working As - Assistant Teacher (L.B.) At Primary School, Ghugharikhurd, Block - Shankargarh, District - Balrampur-Ramanujganj (C.G.) 4 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director, Directorate Of Public Instruction First Floor, C-Block, Indravati Bhawan, Naya Raipur, District - Raipur (C.G.) 3 - The Collector District - Balrampur-Ramanujganj (C.G.) 4 - The District Education Officer District - Balrampur-Ramanujganj (C.G.) 5 - The Block Education Officer District - Balrampur-Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District - Balrampur-Ramanujganj (C.G.) 7 - Amar Bahadur Singh Working As - Assistant Teacher, At Primary School, Ghugharikhurd, Block - Shankargarh, District - Balrampur-Ramanujganj (C.G.) --- Respondent(s) WPS No. 5616 of 2025 1 - Fakhruddin Ansari S/o Kalamuddin Ansari Aged About 50 Years Working As Assistant Teacher (L.B.), At Primary School Kanya Ashram Kamari, Block Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - The Director Public Instruction Directorate First Floor, C-Block, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Collector District Balrampur-Ramanujganj, Chhattisgarh. 4 - The District Education Officer District Balrampur-Ramanujganj, Chhattisgarh. 5 5 - The Block Education Officer, Block Shankargarh, District Balrampur- Ramanujganj, Chhattisgarh. 6 - The Secretary, Rationalization Committee Cum District Education Officer, District Balrampur-Ramanujganj, Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Akath Kumar Yadav, Advocate For Respondent(s) : Mr. Akhilesh Kumar, Govt. Advocate Mr. 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 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. 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 6 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 30th 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. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika