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2025 DAILYLAW 28374 (CHH)

KHILESH KUMAR BHARDWAJ v. STATE OF CHHATTISGARH

WPS/5684/2025 · 2025-06-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:27682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5684 of 2025 1 - Khilesh Kumar Bhardwaj S/o Gurudayal Bhardwaj Aged About 36 Years Working As Lecturer, R/o Village - Aurada, Tahsil - Kharisa, District - Raigarh (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Director, Department Of School Education Chhattisgarh, Atal Nagar, Raipur (C.G.) 2 - The Director Of School Education Raipur, Directorate Of School Education, Indrawati Bhawan, Raipur, Tahsil And District - Raipur (C.G.) 3 - The Collector-Cum-District Level Chairman Uktiyuktkaran Samiti, District - Sakti (C.G.) 4 - The District Education Officer Cum Secretary Uktiyuktkaran Samiti, District - Sakti (C.G.) --- Respondent(s) For Petitioner(s) : Mr. N. K. Malaviya, Advocate. For Respondent(s) : Mr. S. P. Kale, Addl. Advocate General. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 25/06/2025 ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.25 19:15:10 +0530 2 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, he may move fresh representation before the concerned Divisional 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 Divisional 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 3 petitioner within 07 days from the date of receipt of representation in accordance with law, in objective manner. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok