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2025 DAILYLAW 28306 (CHH)

HARISH GAJBHIYE v. STATE OF CHHATTISGARH

WPS/5170/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5170 of 2025 1 - Harish Gajbhiye S/o Shri Jai Kumar Gajbhiye Aged About 35 Years Occupation - Lecturer (Maths), T Cadre, At Govt. Higher Secondary School, Aatra, Block - Ambagarh Chowki, District Mohla-Manpur-Ambagarh Chowki (C.G.), R/o 289, Ward No.-8, Street No.-9, Hariom Nagar, Dongargaon, District - Rajnandgaon (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mahanadi Bhavan, Mantralaya, Police Station And Post - Rakhi, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Public Instructions, Indravati Bhavan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Joint Director Directorate Of Public Instructions, Raipur Division, District - Raipur (C.G.) 4 - Collector Dist. Mohla-Manpur-Ambagarh Chowki (C.G.) 5 - Block Education Officer Ambagarh Chowki, Dist. Mohla-Manpur-Ambagarh Chowki (C.G.) 6 - District Education Officer Dist. Mohla-Manpur-Ambagarh Chowki (C.G.) 7 - Principal Govt. Higher Secondary School, Aatra, Block - Ambagarh Chowki, District Mohla-Manpur-Ambagarh Chowki (C.G.) --- Respondent(s) WPS No. 5489 of 2025 1 - Nirmal Pradhan S/o Shri Sampat Pradhan Aged About 35 Years Occupation- Teacher (Lb) At Govt. Adarsh Pre-Middle School Balak, Basna, Distt. Mahasamund (Cg) R/o Village And Post- Jagdishpur, Block- Pithoura, Distt. Mahasamund (Cg) ---Petitioner(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.20 19:02:17 +0530 2 Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mahanadi Bhavan, Mantralaya Police Station And Post- Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur (C.G) 2 - Director Directorate Of Public Instructions, Indravati Bhavan, Atal Nagar, Naya Raipur, Distt. Raipur (C.G) 3 - Joint Director Education Raipur Division, Distt. Raipur (C.G) 4 - Collector Distt. Mahasamund (C.G.) 5 - Block Education Officer Basna, Distt. Mahasamund (C.G.) 6 - District Education Officer Distt. Mahasamund (C.G.) 7 - Principal Govt. Pre-Middle School Balak, Basna, Block- Basna, Distt. Mahasamund (C.G.) --- Respondent(s) WPS No. 5175 of 2025 1 - Virendra Kumar Patel S/o Late Balram Patel Aged About 39 Years Occupation- Lecturer (L.B.), Sanskrit At Govt. Boys Higher Secondary School, Basna, Distt. Mahasamund (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mahanadi Bhavan, Mantralaya Police Station And Post- Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur (C.G.) 2 - Director Directorate Of Public Instructions, Indravati Bhavan, Atal Nagar, Naya Raipur, Distt. Raipur (C.G.) 3 - Joint Director Education, Raipur Division, Distt. Raipur (C.G.) 4 - Collector Distt. Mahasamund (C.G.) 5 - Block Education Officer Basna, Distt. Mahasamund (C.G.) 6 - District Education Officer Distt. Mahasamund (C.G.) 7 - Principal Govt. Boys Higher Secondary School, Basna, Distt. Mahasamund (C.G.) --- Respondent(s) 3 For Petitioner(s) : Mr. Vivek Kumar, Advocate. For Respondent(s) : Mr. Khulesh Sahu, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 20-06-2025 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 26th 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 4 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