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2025 DAILYLAW 28126 (CHH)

CHINTA RAM SAHU v. STATE OF CHHATTISGARH

WPS/5881/2025 · 2025-06-23

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:27309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5834 of 2025 1 - Shraddha Agrawal W/o Umesh Agrawal Aged About 60 Years Presently Working As Upper Divisional Teacher At Govt. Middle School Potiyakala, Block Durg, District Durg (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 Durg, District Durg (C.G.) 4 - Collector District Durg (C.G.) 5 - District Education Officer Durg, District Durg (C.G.) 6 - Block Education Officer Durg, District Durg (C.G.) --- Respondent(s) WPS No. 5881 of 2025 1 - Chinta Ram Sahu S/o Shyam Lal Sahu Aged About 44 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School Daragahan, Block Nagri, District- Dhamtari (C.G.) ---Petitioner(s) Versus SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.25 11:01:12 +0530 2 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 Raipur, District- Raipur (C.G.) 4 - Collector District- Dhamtari (C.G.) 5 - District Education Officer Dhamtari District- Dhamtari (C.G.) 6 - Block Education Officer Nagri, District- Dhamtari (C.G.) --- Respondent(s) WPS No. 5871 of 2025 1 - Shweta Belchandan W/o Dharmendra Belchandan Aged About 40 Years Presently Working As Teacher (L.B.) At Govt. Middle School Kosanagar, Block Durg, District Dur (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 Durg, District Durg (C.G.) 4 - Collector District Durg (C.G.) 5 - District Education Officer Durg, District Durg (C.G.) 6 - Block Education Officer Durg, District Durg (C.G.) --- Respondent(s) 3 WPS No. 6057 of 2025 1 - Shivkumar Gupta S/o Syamlal Gupta Aged About 38 Years Presently Posted As Assistant Teacher (L B) At Government Primary School, Madhopara Haram, Block- Geedam, District : Dantewada, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 3 - Collector And Chairman District Level Rationalization Committee, District : Dantewada, Chhattisgarh 4 - District Education Officer And Secretary District Level Rationalization Committee, District : Dantewada, Chhattisgarh 5 - Block Education Officer Geedam, District : Dantewada, Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Pramod Ramteke, Advocate. For Respondent(s) : Ms. Smita Jha, Panel Lawyer and Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 24/06/2025 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. 4 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 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 1st July, 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. 5 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika