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2025 DAILYLAW 27984 (CHH)

ASHWANI KUMAR SAHU v. STATE OF CHHATTISGARH

WPS/5966/2025 · 2025-06-26

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5966 of 2025 1 - Ashwani Kumar Sahu S/o. Sakha Ram Sahu Aged About 38 Years Presently Posted As Teacher L.B. (Maths), Government Middle School, Loharsi, Block Fingeshwar, District - Gariyaband, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur, C.G. 2 - Director, Directorate Of Public Instruction, First Floor, C Block, Indrawati Bhawan, Nava Raipur, Atal Nagar, Raipur (C.G.) 3 - Collector, District Gariyaband, C.G. 4 - District Education Officer, District Gariyaband, C.G. 5 - Block Education Officer, Block Fingeshwar, District Gariyaband, C.G. 6 - Taturam Sahu, Presently Posted As Teacher (L.B.) (Maths), Govt. Middle School, Navin Loharsi, Block Fingeshwar, District-Gariyaband, C.G. ... Respondent(s) For Petitioner (s) : Shri Anadi Sharma, Advocate. For State : Shri Akhilesh Kumar, Govt. Advocate. Hon ’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 27.06.2025 1.By way of this writ petition, the petitioner(s) is/are challenging the impugned transfer order and action of the respondents whereby the petitioner(s) have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2.Learned counsel for the petitioner(s) 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 petitioner(s) and if 2 the petitioner(s) are not granted interim relief, they will suffer with irreparable loss. Therefore, the impugned order is liable to be set aside as the petitioner has not joined the transferred place of posting. 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 petitioner(s) are having any grievance, they may move fresh representation before the concerned District/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 petitioner(s) are directed to make fresh representation before the concerned District/Divisional Rationalization Committee within a period of five days from today and thereafter the Committee shall decide the same within a further period of five days from the date of receipt of representation in accordance with law in objective manner. Till representation of petitioner(s) are decided, there shall be status quo as it exists today so far as transfer of present petitioner(s) is concerned. 6.With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge inder