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High Court of Chhattisgarh · body

2025 DAILYLAW 27778 (CHH)

USHA KIRAN DADSENA v. STATE OF CHHATTISGARH

WPS/5408/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:26075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5336 of 2025 1 - Balak Das Sori S/o Pandu Ram Sori Aged About 54 Years Working As Teacher (L.B.), Government Middle School Turki, Block - Pharasgaon, District - Kondagaon (C.G.) 2 - Ram Prasad Mandavi S/o Mangalu Ram Mandavi Aged About 47 Years Working As Teacher (L.B.), Government Middle School Sivnabhata, Block - Pharasgaon, District - Kondagaon (C.G.) 3 - Jyoti Netam W/o Ashman Netam Aged About 39 Years Working As Teacher (L.B.), Government Middle School Chichadi, Block - Pharasgaon, 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 Pharasgaon, District - Kondagaon (C.G.) --- Respondent(s) WPS No. 5454 of 2025 1 - Hemlata Rangari W/o. Devendra Kumar Rangari Aged About 54 Years Presently Working As Teacher, At Govt. Middle School, Jaitpuri, Block - Pharasgaon, District - Kondagaon (C.G.) ---Petitioner(s) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.21 12:10:33 +0530 2 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 Collector Kondagaon, District - Kondagaon (C.G.) 4 - The District Education Officer Kondagaon, District - Kondagaon (C.G.) 5 - The Block Education Officer District - Kondagaon (C.G.) --- Respondent(s) WPS No. 5408 of 2025 1 - Usha Kiran Dadsena W/o Jai Kumar Dedsena Aged About 42 Years Presently Working As Teacher, At Govt. Middle School Khorsi, Block - Pamgarh, District- Janjgir-Champa (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 Sarangarh- Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) 5 - The District Education Officer Sarangarh-Bilaigarh, District- Sarangarh- Bilaigarh (C.G.) 6 - The Block Education Officer Pamgarh, District- Sarangarh-Bilaigarh (C.G.) --- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. R.K. Verma, Advocate For Respondent(s)/ State : Mr. Ajit Singh, Govt. Advocate Mr. Khulesh Sahu, Panel Lawyer Mr. Shreyansh Mehta, Panel Lawyer 3 Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 20/06/2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer orders and action of the respondents, whereby the petitioners have been declared surplus Teachers 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 is 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 4 District Rationalization Committee within a period of 05 days from today, and appear before the said Committee on 26th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners 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 petitioners, the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved