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2025 DAILYLAW 27714 (CHH)

MAHMOOD MEMON v. STATE OF CHHATTISGARH

WPS/4749/2025 · 2025-06-16

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:24788 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4749 of 2025 1 - Mahmood Memon S/o Abdul Hafiz Aged About 52 Years Occupation Assistant Teacher (L.B.) Government Primary School Rodga, Block Division Kartala District Korba Chhattisgarh. 2 - Shailendra Kumar Mandle S/o Krishna Lal Mandle Aged About 35 Years Occupation Assistant Teacher (L.B.) Government Primary School Amaldiha, Block Division Kartala District Korba Chhattisgarh. 3 - Vegendra Kumar Sahu S/o Manharan Lal Sahu Aged About 36 Years Occupation Assistant Teacher (L.B.) Government Primary School Mukundpur, Block Division Kartala District Korba Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh. 2 - Director Public Instruction Directorate, Chhattisgarh First Floor, C - Block Indiravati Bhavan, Naya Raipur, District Raipur Chhattisgarh. 3 - Joint Director Education Department, Bilaspur, District Bilaspur Chhattisgarh. 4 - Collector Korba, District Korba Chhattisgarh. 5 - Secretary District Rationalization Committee (District Education Officer) Korba, District Korba Chhattisgarh. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.17 18:11:13 +0530 2 6 - Sub Divisional Magistrate (Revenue) Korba, District Korba Chhattisgarh. 7 - Block Education Officer Korba, District Korba Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Awadh Tripathi, Advocate For Respondent(s) : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 17/06/2025 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 3 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 23rd 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. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika