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2025 DAILYLAW 28358 (CHH)

KRISHNA BHAN SINGH TANWAR v. STATE OF CHHATTISGARH

WPS/5328/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5328 of 2025 1 - Krishna Bhan Singh Tanwar S/o. Shri Padum Pratap Singh Aged About 49 Years Occupation - Teacher Middle School, Government Middle School, Puraina Khar, Block Division - Katghora, District - Korba (C.G.) --- Petitioner(s) 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, Chhattisgarh First Floor, C-Block, Indravati Bhawan, Naya Raipur, District - Raipur (C.G.) 3 - Joint Director Education Department Bilaspur, District - Bilaspur (C.G.) 4 - Collector, Korba District - Korba / President Of District Level Rationalization Committee, District - Korba (C.G.) 5 - Secretary District Rationalization Committee (District Education Officer) Korba, District - Korba (C.G.) 6 - Block Education Officer Korba, District - Korba (C.G.) --- Respondent(s) WPS No. 5528 of 2025 1 - Smt. Parvati Tiwari W/o Arvind Tiwari Aged About 44 Years Occupation As Assistant Teacher L.B. R/o Bhatkhande Sangeet Vidyalaya Street No.1 Dayalband Bilaspur District Bilaspur Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mahanadi Bhawan Atal Nagar, Nava Raipur, District Raipur Chhattisgarh VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.21 12:13:22 +0530 2 2 - Director, Public Insruction, Directorate, Chhattisgarh First Floor, C-Block Indravati Bhavan, Naya Raipur, District Raipur Chhattisgarh 3 - Joint Director, Education Department Bilaspur, District Bilaspur Chhattisgarh 4 - Collector, Bilaspur District Bilaspur Chhattisgarh 5 - Secretary, District Rationalization Committee/ (District Education Officer) Bilaspur, District Bilaspur Chhattisgarh 6 - Sub Divisional Magistrate (Revenue) Bilaspur District Bilaspur Chhattisgarh 7 - Block Education Officer Bilaspur District Bilaspur Chhattisgarh --- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Awadh Tripathi, Advocate For Respondent(s)/ State : Ms. Anuja Sharma, Panel Lawyer Mr. Kanwaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 20/06/2025 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 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 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 26th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners 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 petitioners, the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved