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2025 DAILYLAW 28152 (CHH)

RUBY GUPTA v. STATE OF CHHATTISGARH

WPS/5309/2025 · 2025-06-18

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:25843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5303 of 2025 1 - Bhanuprakash Lakda S/o Tempuram Lakda Aged About 40 Years Working As- Assistant Teacher (Lb), At Primary School Kataipara Block Rajpur District Balrampur- Ramanujganj (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Director Public Instruction Directorate First Floor, C-Block, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 3 - The Collector District Balrampur- Ramanujganj (C.G.) 4 - The District Education Officer District Balrampur- Ramanujganj (C.G.) 5 - The Block Education Officer Block Rajpur, District Balrampur- Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District Balrampur- Ramanujganj (C.G.) --- Respondent(s) WPS No. 5309 of 2025 1 - Ruby Gupta W/o Arun Jay Gupta Aged About 36 Years Working As Assistant Teacher (L.B.) At Primary School Sewari, Block Rajpur, District Balram Ramanujganj Chhattisgarh ---Petitioner(s) Versus ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.19 19:15:24 +0530 2 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Naya Raipur Atal Nagar District Raipur Chhattisgarh 2 - The Director Public Instruction, Directorate First Floor, C-Block, Indravati Bhawan, Atal Nagar Naya Raipur District Raipur Chhattisgarh 3 - The Collector, District Balrampur Ramanujganj Chhattisgarh 4 - The District Education Officer District Balrampur Ramanujganj Chhattisgarh 5 - The Block Education Officer Block Rajpur, District Balrampur Ramanujganj Chhattisgarh 6 - The Secretary, Rationalization Committee Cum District Education Officer, District Balrampur Ramanujganj Chhattisgarh --- Respondent(s) WPS No. 5305 of 2025 1 - Suresh Prasad S/o Ledwaram Aged About 37 Years Working As - Assistant Teacher (Lb) At Primary School Gajadharpur, Block Kusmi District Balrampur- Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Educ Ation, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G) 2 - The Director, Public Instruction Directorate First Floor , C-Block, Indravati Bhawan , Naya Raipur , District Raipur ( C.G.) 3 - The Collector, District Balrampur- Ramanujganj ( C.G.) 4 - The District Education Officer , District Balrmpur- Ramanujganj (C.G.) 5 - The Block Education Officer, Block Kusmi, District Balrmapur- Ramanujganj (C.G.) 6 - The Secretary, Rationalization Committee Cum District Education Officer , District Balrampur- Ramanujganj (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Akath Kumar Yadav, Advocate. For Respondent(s) : Mr. S. Badgaiya, Dy. Govt. Advocate. 3 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 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 4 in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok