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2025 DAILYLAW 28030 (CHH)

SMT. MAMTA SINGH v. STATE OF CHHATTISGARH

WPS/5321/2025 · 2025-06-18

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:25632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5059 of 2025 1 - Smt. Shama Tabassum W/o Samsid Ahmad Aged About 37 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Dhodhipara, Block Rajpur, District- Balrampur-Ramanujganj (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 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District- Raipur (C.G.) 3 - Joint Director Education Division Surguja, District- Surguja (C.G.). 4 - Collector District Balrampur-Ramanujganj (C.G.) 5 - District Education Officer Balrampur-Ramanujganj, District- Balrampur- Ramanujganj (C.G.) 6 - Block Education Officer Rajpur, District- Balrampur-Ramanujganj (C.G.) --- Respondent(s) WPS No. 5321 of 2025 1 - Smt. Mamta Singh W/o Vinay Singh Aged About 40 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Bada, Block - Ramchandrapur, District Balrampur-Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Throgh The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.19 19:15:27 +0530 2 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Joint Director Education Division Surguja, District - Surguja (C.G.) 4 - Collector District Balrampur-Ramanujganj (C.G.) 5 - District Education Officer Balrampur-Ramanujganj, District Balrampur- Ramanujganj (C.G.) 6 - Block Education Officer Rajpur, District Balrampur-Ramanujganj (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Sanjay Pathak, Advocate. For Respondent(s) : Mr. Santosh Bharat, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 19-06-2025 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 3 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 25th 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