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2025 DAILYLAW 28072 (CHH)

KHIRSAGAR RATHIA v. STATE OF CHHATTISGARH

WPS/5617/2025 · 2025-06-22

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:26617 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5617 of 2025 1 - Khirsagar Rathia S/o Shri Ramlal Rathia Aged About 50 Years Working As Assistant Teacher (L.B.) At Govt.Primary School Bilaspur, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 2 - Meena Patel W/o Late Suraj Patel Aged About 49 Years Working As Teacher (L.B.) At Govt. Middle School Gidha, Block And Tahsil Khrsiya, District Raigarh Chhattisgarh 3 - Ritesh Patel S/o Shri Dataram Patel Aged About 32 Years Working As Assistant Teacher (L.B.) At Govt.Primary School Kodabhatha, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 4 - Chhatturam Ratre S/o Shri Tijauram Ratre Aged About 39 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Bade Dumarpali, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 5 - Thankumar Nagwanshi S/o Shri Narayan Prasad Nagwanshi Aged About 37 Years Working As Assistant Teacher (L.B.) At Govt.Primary School Kurrubhatha, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 6 - Nandau Dansena S/o Keshav Prasad Dansena Aged About 50 Years Working As Assistant Teacher (L.B.) At Govt.Primary School Thakurdiya, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 7 - Girdhar Gopal Dansena S/o Shri Buddheshwar Dansena Aged About 45 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Raksapali, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 8 - Smt. Chameli Patel W/o Shri Premanand Patel Aged About 38 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Baikunthpur (Basantpur), Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 9 - Surajbhan Patel S/o Shri Makundram Patel Aged About 56 Years Working As Teacher (L.B.) At Govt. Middle School Fulbandhiya, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 10 - Fakeer Patel S/o Shri Narayan Prasad Patel Aged About 41 Years Working As SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.24 20:23:18 +0530 2 Teacher (L.B.) At Govt. Middle School Dehridih, Block Gharghoda, District Raigarh Chhattisgarh 11 - Bhajan Lal Kurre S/o Shri Kumar Lal Kurre Aged About 43 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Khairpali, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 12 - Padmalochan Sidar S/o Darshan Lal Sidar Aged About 47 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Naurangpur, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 13 - Prahlad Patel S/o Shri Hariram Patel Aged About 43 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Telikot, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 14 - Dinesh Kumar Rathia S/o Shri Dharam Lal Rathia Aged About 37 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Kohardeepa, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 15 - Tikaram Sidar S/o Shri Budhram Sidar Aged About 33 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Bhupdevpur, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 16 - Khageshwar Prasad Patel S/o Late Premprakash Patel Aged About 56 Years Working As Assistant Teacher (L.B.) At Govt. Middle School Naharpali, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 17 - Sukdev Singh Rathia S/o Uday Singh Rathia Aged About 37 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Karumauha, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 18 - Dolnarayan Patel S/o Shri Jagdish Prasad Patel Aged About 47 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Telikot, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 19 - Sateesh Patel S/o Shri Mayaram Patel Aged About 38 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Mura, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 20 - Smt. Anju Patel W/o Sateesh Kumar Patel Aged About 35 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Mura, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 21 - Usha Kumari Kanwar W/o Shri Lakhan Lal Kanwar Aged About 42 Years Working As Assistant Teacher (L.B.) At Govt. Boys Middle School Mura, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 22 - Vedprakash Dansena S/o Shri Rameshwar Prasad Dansena Aged About 39 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Raksapali, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 3 23 - Parmeshwari Dansena D/o Shri Nilambar Dansena Aged About 35 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Darri, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 24 - Shobhendra Patel S/o Shri Rambhajan Patel Aged About 55 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Khairpali, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 25 - Radheshyam Chouhan S/o Shri Tarachand Chouhan Aged About 52 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Rabartsan, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 26 - Premshankar Patel S/o Shri Trilochan Prasad Patel Aged About 54 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Pandripani, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 27 - Nyayeshwar Kumar Patail S/o Shri Bundram Patail Aged About 46 Years Working As Assistant Teacher (L.B.) At Govt. Ashram Middle School Kukrijhariya, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 28 - Rameshwari Nageshiya W/o Shri Purushottam Nageshiya Aged About 35 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Devgaon, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 29 - Shobha Singh Rathia W/o Shri Vidya Singh Rathia Aged About 46 Years Working As Lecturer (L.B.) At Higher Secondary School Halahuli, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 30 - Shanti Prasad Sahu S/o Shri Gorelalsahu Aged About 43 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Dhangarpara Turekela, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 31 - Smt. Anita Sidar W/o Indradev Sidar Aged About 36 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Domnara Collery, Block And Tahsil Kharsiya, District Raigarh Chhattisgarh 32 - Jageshwar Singh Bhaina S/o Late Darshan Singh Bhaina Aged About 41 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Naurangpur, 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 Disrict Raipur Chhattisgarh 2 - The Director, Pulic Instructions, Directorate Indravati Bhawan Raipur, Atal Nagar Raipur Chhattisgarh 4 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, Disrict Raigarh Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. R. S. Patel, Advocate. For Respondent(s) : Mr. Ajit Singh, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 23/06/2025 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 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. Learned State counsel would further submit that if the petitioners are having any grievance, they may move fresh representation before the concerned District 5 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 District Rationalization Committee within a period of 05 days from today, and appear before the said Committee on 30th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner within 07 days from the date of receipt of representation in accordance with law, 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 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 sagrika