1 2025:CGHC:26304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5448 of 2025 1 - Ram Prasad Ram S/o Lt. Shri Keshav Ram Aged About 51 Years Occupation Lecturer (Histori), Posted At Government Higher Secondary School Maharajaganj, Block Balrampur, Distt. Balrampur Ramanujganj 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 Indirawati Bhavan, Naya Raipur, District Raipur Chhattisgarh 3 - Joint Director Education Department Ambikapur, Division Ambikapur, District Sarguja Chhattisgarh 4 - Collector, Balrampur, District Balrampur Ramanujganj Chhattisgarh 5 - District Education Officer Balrampur District Balrampur Ramanujganj Chhattisgarh 6 - Block Education Officer Maharajganj, District Balrampur Ramanujganj Chhattisgarh 7 - Secretary, District Rationalization Committee (District Education Officer) Balrampur Ramanujganj Chhattisgarh --- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Awadh Tripathi, Advocate For Respondent(s)/State : Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.23 20:22:57 +0530 2 20/06/2025 1. By way of this writ petition, the petitioner is challenging the impugned transfer order and action of the respondents whereby the petitioner has been declared surplus Lecturer and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner would submit that list of surplus Lecturers published by the respondents is against the rationalization instructions and the same is arbitrary as no proper opportunity of hearing was given to the petitioner and if the petitioner is not granted interim relief, he will suffer with irreparable loss. He would further submit that the provisions of clause 7(c)(3) of the Rationalization Instructions dated 02-08-2024 has been violated as junior among others is to be declared as surplus Lecturers, whereas, in the present case, the petitioner is senior to other candidates, yet he has been declared as surplus and his services have been transferred from Govt. Higher Secondary School, Maharajganj, Block Balrampur, District Balrampur-Ramanujganj (C.G.) to Govt. Higher Secondary School, Sanawal, Block Ramchandrapur, District Balrampur- Ramanujganj. 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 petitioner has been transferred under the rationalization instructions issued by the State Government. He would further submit that the petitioner’s subject is different than the subject of other Lecturers. He further submits that if the petitioner is having any grievance, he may move fresh representation before the concerned Divisional Rationalization Committee and the Committee will take a decision on his representation in 3 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 petitioner is directed to make fresh representation before the concerned Divisional Rationalization Committee within a period of 05 days from today, and appear before the said Committee on 26th June, 2025. Thereafter, the Divisional Rationalization Committee shall decide the representation of the petitioner within 07 days from the date of receipt of representation in accordance with law particularly in view of clause 7(c)(3) of the Rationalization Instructions dated 02-08-2024 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 the 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 ved