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2025 DAILYLAW 27933 (CHH)

PRATIBHA DIWAKAR v. STATE OF CHHATTISGARH

WPS/5025/2025 · 2025-06-24

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:CGHC:27922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5002 of 2025 Agnesh Anand Das W/o Shri Anand Kumar Das Aged About 48 Years Presently Posted As Lecturer At Government Girls Higher Secondary School, Manendragarh, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - Joint Director Surguja Division District Ambikapur, Chhattisgarh. 4 - Collector District Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. 5 - District Education Officer District Manendragarh-Chirmiri-Bharatpur, Chhattisgarh. --- Respondent(s) WPS No. 5025 of 2025 Pratibha Diwakar W/o Shailesh Diwakar Aged About 42 Years Presently Posted At Swami Atmanand Hindi Medium School, Lafa, District - Korba Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Nawa Raipur, District Raipur Chhattisgarh 2 - Directorate Of Public Instructions (Dpi) Through Its Director, Indravati Bhawan, Naya Raipur, Raipur District Raipur Chhattisgarh 3 - Joint Director Division Bilaspur Chhattisgarh 4 - District Education Officer District Korba Chhattisgarh ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Mateen Siddiqui and Ms Zainab M Vanak, Advocates For Respondents/State : Shri Akhilesh Kumar, GA, and Ms Anuja Sharma, PL Digitally signed by V PADMAVATHI Date: 2025.06.26 11:16:12 +0530 Wps 5002 of 2025 and other case 2 ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 25.06.2025 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 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 Divisional 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 Divisional Rationalization Committee within a period of five days from today, and appear before the said Committee on 1st July, 2025. Thereafter, the Committee shall decide the representation of the petitioners within seven days from the date of receipt of Wps 5002 of 2025 and other case 3 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 petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma