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2025 DAILYLAW 28280 (CHH)

NIRMALA CHANDRA v. STATE OF CHHATTISGARH

WPS/5714/2025 · 2025-06-22

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26597 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4973 of 2025 1 - Smt. Rashmi Shrivastava W/o Amit Shrivastava Aged About 47 Years Occupation - Lecturer (Zoology), Posted At Government Higher Secondary School Ajab Nagar, Block - Surajpur, District - Surajpur (C.G.) --- Petitioner versus 1 - State of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 2 - Director Public Instruction Directorate, Chhattisgrh First Floor, C-Block, Indravati Bhavan, Naya Raipur, District - Raipur (C.G.) 3 - Joint Director Education Department Ambikapur Division, Ambikapur, District - Sarguja (C.G.) 4 - Collector Surajpur, District - Surajpur (C.G.) 5 - District Education Officer Surajpur, District - Surajpur (C.G.) 6 - Block Education Officer Surajpur, District - Surajpur (C.G.) 7 - Secretary District Rationalization Committee (District Education Officer), Surajpur, District - Surajpur (C.G.) --- Respondents 2025:CGHC:26595 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4990 of 2025 1 - Vinod Kumar S/o Radheram Aged About 52 Years Occupation - Lecturer (Economics) Posted At Government Higher Secondary School Bhavarmal, Block Ramchandrapur District Balrampur-Ramanujganj Chhattisgarh Digitally signed by MOHAMMAD AADIL KHAN 2 --- Petitioner versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - Director Public Instruction Directorate, Chhattisgarh First Floor, C-Block Indiravati Bhavan, Naya Raipur, District Raipur Chhattisgarh 3 - Joint Director Education Department Ambikapur, Division Ambikapur District Sarguja Chhattisgarh 4 - Collector Balrampur District Balrampur Ramanujganj Chhattisgarh 5 - District Education Officer Balrampur District Balrampur Ramanujganj Chhattisgarh 6 - Block Education Officer Ramchandrapur, District Balrampur Ramanujganj Chhattisgarh 7 - Secretary District Rationalization Committee (District Education Officer) Balrampur Ramanujganj Chhattisgarh --- Respondents 2025:CGHC:26668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5714 of 2025 1 - Nirmala Chandra S/o Durgesh Chandra Aged About 31 Years Occupation- Lecturer (Physics), Government Higher Secondary School Ghurdeva, Block Division Katghora, District Korba, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 - Director Public Instruction Directorate, Chhattisgarh First Floor, C-Block, Indiravati Bhavan, Nava Raipur, District Raipur, Chhattisgarh. 3 - Joint Director Education Department Bilaspur, District : Bilaspur, Chhattisgarh 4 - Collector Korba District Korba, Chhattisgarh. 5 - Secretary District Rationalization Committee (District Education Officer) Korba, District : Korba, Chhattisgarh 3 6 - Sub-Divisional Magistrate (Revenue) Korba, District Korba, Chhattisgarh. 7 - Block Educatin Officer Korba, District Korba, Chhattisgarh. --- Respondent(s) (Cause-title taken from Case Information System) For Petitioners : Mr. Awadh Tripathi, Advocate. For State-Respondents : Mr. Suyash Dhar, Deputy Govt. Advocate and Mr. Khulesh Sahu, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23-06-2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer orders and action of the respondents whereby the petitioners have been declared surplus Teachers 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 is against the rationalization instructions and the same are 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. He would further submit that the provisions of Clause 7(c)(3) of the Rationalization Instructions dated 02-08-2024 has been violated as junior among others is to be declared as surplus teachers, whereas, in the present case, the petitioners are senior to other candidates, yet they have been declared as surplus and their services have been transferred from their present place of posting to other place. Therefore, the impugned orders are 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 Divisional Rationalization Committee and the Committee will take decision on their representation(s) in accordance with law within a stipulated period. 4 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 Divisional Rationalization Committee within a period of five days from today, and appear before the said Committee on 30th June, 2025. Thereafter, the Divisional Rationalization Committee shall decide the representation of the petitioners within seven days from the date of receipt of representation(s) in accordance with law particularly in view of Clause 7(c)(3) of the Rationalization Instructions dated 02-08-2024 in objective manner. Till decision on the representation is communicated to the respective petitioners, the impugned transfer orders issued under Teacher Rationalization Instructions, so far as the petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, these writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil