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2025 DAILYLAW 27907 (CHH)

SHOBHENDRA KUMAR PATEL v. STATE OF CHHATTISGARH

WPS/5432/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:26139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5399 of 2025 1 - Nyayeshwar Kumar Patail S/o Late Bundram Patail Aged About 46 Years Working As Assistant Teacher (L.B.) At Govt. Middle School, Ashram, Kukrijhariya, Block And Tahsil Kharsiya, Disrict Raigarh Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh 2 - The Director, Public Instructions Directorate, Indravati Bhawan, Raipur, Atal Nagar, Raipur Chhattisgarh 3 - The Collector Raigarh, District Raigarh Chhattisgarh 4 - The Joint Director Education Division, Bilaspur, District Bilaspur Chhattisgarh 5 - The District Education Officer Raigarh, District Raigarh Chhattisgarh 6 - The Block Education Officer Kharsiya, District Raigarh Chhattisgarh --- Respondent(s) WPS No. 5536 of 2025 1 - Smt. Lata Dansena W/o Shri Dev Prasad Dansena Aged About 35 Years Working As Assistant Teacher, (L.B.) At Govt. Primary School, Anjoripali, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan New Raipur, District Raipur Chhattisgarh ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.20 19:02:17 +0530 2 2 - The Director, Public Instructions Directorate Indravati Bhawan Raipur, Atal Nagar Raipur District Raipur Chhattisgarh 3 - The Collector, Raigarh, District Raigarh Chhattisgarh 4 - The Joint Director, Education Division, Bilaspur, District Bilaspur Chhattisgarh 5 - The District Education Officer Raigarh District Raigarh Chhattisgarh 6 - The Block Education Officer Kharsiya, District Raigarh Chhattisgarh --- Respondent(s) WPS No. 5455 of 2025 1 - Sateesh Kumar Patel S/o Shri Mayaram Patel Aged About 38 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Boys, Mura, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh. 2 - The Director Public Instructions Directorate Indravati Bhawan Raipur, Atal Nagar, Raipur Chhattisgarh. 3 - The Collector Raigarh, District Raigarh Chhattisgarh. 4 - The Joint Director Education Division, Bilaspur, District Bilaspur Chhattisgarh. 5 - The District Education Officer Raigarh, District Raigarh Chhattisgarh. 6 - The Block Education Officer Kharsiya, District Raigarh Chhattisgarh. --- Respondent(s) WPS No. 5432 of 2025 1 - Shobhendra Kumar Patel S/o Shri Rambhajan Patel Aged About 55 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School Khairpal, Block And Tahsil Kharsiya, District Raigarh, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 3 2 - The Director Public Instruction Directorate, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Collector, Raigarh District Raigarh, Chhattisgarh. 4 - The Joint Director, Education Division Bilaspur, District Bilaspur, Chhattisgarh. 5 - The District Education Officer Raigarh, District Raigarh, Chhattisgarh. 6 - The Block Education Officer Kharsiya, District Raigarh, Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. R. S. Patel, Advocate. For Respondent(s) : Mr. Akhilesh Kumar, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 20-06-2025 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 4 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 26th 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. 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok