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2025 DAILYLAW 28346 (CHH)

VEDPRSAKASH SIDAR v. STATE OF CHHATTISGARH

WPS/5222/2025 · 2025-06-18

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:25742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5222 of 2025 1 - Vedprsakash Sidar S/o Shri Gulab Ram Sidar Aged About 49 Years Working As Assistant Teacher (L.B.) At Govt. Primary School, Domanara Block And Tahsil- Kharsiya, District- Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan New Raipur, District- Raipur (C.G.) 2 - The Director Public Instructions Directorate Indravati Bhawan Raipur, Atal Nagar Raipur (C.G.) 3 - The Collector Raigarh, District- Raigarh (C.G.) 4 - The Joint Director Education Division, Bilaspur, District- Bilaspur (C.G.) 5 - The District Education Officer Raigarh, District- Raigarh (C.G.) 6 - The Block Education Officer Kharsiya, District Raigarh (C.G.) ... Respondent(s) For Petitioner(s) : Mr. R. S. Patel, Advocate For Respondent(s) : Mr. Anmol Sharma, Panel Lawyer SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.19 18:58:37 +0530 2 Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 19/06/2025 1. By way of this writ petition, the petitioner is challenging the impugned transfer order and action of the respondents whereby the petitioner has been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner would submit that list of surplus Teachers published by the respondents is against the rationalization instructions, and the same is arbitrary as no proper opportunity of hearing was given to the petitioner, and if the petitioner is not granted interim relief, he 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 petitioner has been transferred under the rationalization instructions issued by the State Government. Learned State counsel would further submit that if the petitioner is having any grievance, she may move fresh representation before the concerned District Rationalization Committee, and the Committee will take a decision on his 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 petitioner is 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 25th June, 3 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