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2025 DAILYLAW 28356 (CHH)

SUJIT KUMAR SHARMA v. STATE OF CHHATTISGARH

WPS/5850/2025 · 2025-06-23

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:27308 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5833 of 2025 1 - Smt. Shakuntla Kanwar W/o Shri Ramesh Kumar Kanwar Aged About 37 Years Address- 17 (B) (301), Ward No. 52, Police Coloney, Vtc Amlidih, Po- Ravinagar, Raipur, District- Raipur (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 Raipur, District Raipur (C.G.) 4 - Collector District- Raipur (C.G.) 5 - District Education Officer Raipur, District Raipur (C.G.) 6 - Block Education Officer Raipur, District Raipur (C.G.) 7 - Smt. Mamta Tiwari W/o Name Of Husband In Not Known To The Petitioner Aged About 45 Years Presently Posted As Teacher At Govt. Middle School, Dhaneli (Mana Basti), Block- Dharsiva, District- Raipur (C.G.) --- Respondent(s) WPS No. 5850 of 2025 1 - Sujit Kumar Sharma S/o Krishna Kumar Sharma Aged About 50 Years Address- House No. 582, Vishakha Sadan, Behind Shitala General Store, Vip Colony, In SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.25 11:01:11 +0530 2 Front Of Government Higher Secondary School, Bazar Chowk, Changorabhata, Raipur, District- Raipur (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 Raipur, District Raipur (C.G.) 4 - Collector District- Raipur (C.G.) 5 - District Education Officer Raipur, District Raipur (C.G.) 6 - Block Education Officer Dharsiva, District Raipur (C.G.) 7 - Jyoti Ranjan Pradhan C/o Parmeshwar Pradhan Aged About 35 Years Presently Working As Assistant Teacher At Govt. Primary School, Banrasi, Block- Dharsiva, District- Raipur (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Mahesh Mishra, Advocate For Respondent(s) : Ms. Smita Jha, 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. 3 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. 4 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika