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2025 DAILYLAW 27773 (CHH)

SMT. ABHA DUBEY v. STATE OF CHHATTISGARH

WPS/5011/2025 · 2025-06-17

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:25233 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4944 of 2025 1 - Smt. Poonam Sahu W/o Suraj Kumar Sahu Aged About 45 Years Teacher (L.B.), Govt. Middle School Basin, District - Durg (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development, Mantralaya, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 2 - Director Public Instructions, Indrawati Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.). 3 - Collector Durg, District - Durg (C.G.) 4 - District Education Officer Durg, District - Durg (C.G.) --- Respondent(s) WPS No. 5029 of 2025 1 - Yogesh Kumar Lunia S/o. Late Milap Chand Lunia Aged About 48 Years Lecturer (L.B.), Mathematics, Govt. High School, Jhiriya, Block - Dhamtari, District - Dhamtari (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 2 - Director, Public Instructions, Directorate Indrawati Bhawan, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Collector Dhamtari, District - Dhamtari (C.G.) 4 - District Education Officer Dhamtari, District - Dhamtari (C.G.) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.18 19:31:39 +0530 2 --- Respondent(s) WPS No. 5011 of 2025 1 - Smt. Abha Dubey W/o Late Naresh Kumar Dubey Aged About 55 Years Teacher (L.B.) Govt. Middle School, Adarsh Kanya Durg, District Durg, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development, Mantralaya, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh . 2 - Director, Public Instructions, Indrawati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh . 3 - Collector Durg, District Durg, Chhattisgarh. 4 - District Education Officer Durg, District Durg, Chhattisgarh. --- Respondent(s) WPS No. 4947 of 2025 1 - Brijbhushan Singh Yadav S/o Shivdhani Singh Aged About 45 Years Lecturer (L.B.) Chemistry, Govt. Higher Secondary School Songara, Block Pratappur, District- Surajpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahandi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District- Raipur (C.G.) 2 - Director Public Instructions, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.) 3 - Collector Surajpur District Surajpur (C.G.) 4 - District Education Officer Surajpur, District- Surajpur (C.G.) --- Respondent(s) For Petitioner(s) : Mr. C. Jayant K. Rao, Advocate. For Respondent(s) : Mr. Khulesh Sahu, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 18-06-2025 3 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. 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 24th 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. 4 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok