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2025 DAILYLAW 28385 (CHH)

MRS. HEMLATA MANDAVI v. THE STATE OF CHHATTISGARH

WPS/5178/2025 · 2025-06-18

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:25699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5150 of 2025 1 - Ramesh Kumar Katingal S/o. Mr. Rupau Ram Katingal Aged About 43 Years Post Teacher (Local Body), Posted At Govt. Upper Primary School, Amagaon, Block - Antagarh, District - Uttar Baster Kanker (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District - Raipur (C.G.) 2 - Director, Public Instruction Mantralaya, Naya Raipur, District - Raipur (C.G.) 3 - The Collector And President District Rationalization Committee, District - Uttar Baster Kanker (C.G.) 4 - District Education Officer District - Uttar Baster Kanker (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District - Uttar Baster Kanker (C.G.) --- Respondent(s) WPS No. 5205 of 2025 1 - Mrs. Kamini Nareti W/o Mr. Narendra Kumar Nareti Aged About 45 Years Post - Lecturer (Local Body), Posted At Govt. High School, Daspur, Block - Kanker, District - Uttar Bastar Kanker (C.G.) SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.19 18:58:38 +0530 2 ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District - Raipur (C.G.) 2 - Director Public Instruction, Mantralaya, Naya Raipur, District - Raipur (C.G.) 3 - The Collector And President District Rationalization Committee, District - Uttar Bastar Kanker (C.G.) 4 - District Education Officer District - Uttar Bastar Kanker (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District - Uttar Bastar Kanker (C.G.) 6 - Joint Director Education Division Bastar, Jagdalpur, District - Bastar (C.G.) --- Respondent(s) WPS No. 5203 of 2025 1 - Dileep Kumar Sahu S/o Late Mr. Ravishankar Sahu Aged About 39 Years Post Assistant Teacher (Local Body), Posted At Govt. Primary School, Nara, Block - Kanker, Distt.- Uttar Baster Kanker C.G. ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, Distt.- Raipur (C.G.) 2 - Director Public Instruction, Mantralaya, Naya Raipur, Distt.- Raipur (C.G.) 3 - The Collector And President District Rationalization Committee Distt.- Uttar Baster Kanker (C.G.) 4 - District Education Officer Distt.- Uttar Baster Kanker (C.G.) 3 5 - District Education Officer And Secretary District Level Rationalization Committee Distt.- Uttar Baster Kanker (C.G.) --- Respondent(s) WPS No. 5178 of 2025 1 - Mrs. Hemlata Mandavi W/o Mr. Hemlata Mandavi W/o Mr. Rupendra Kumar Mandavi Aged About 51 Years Post Lecturer, Posted At Govt. Higher Secondary School Kottara, Block Charama Distt. Uttar Baster Kanker C.G ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, Distt. Raipur Cg 2 - Director Public Instruction, Mantralaya, Naya Raipur, Distt. Raipur 3 - The Collector And President District Rationalization Committee Distt. Uttar Baster Kanker Cg 4 - District Education Officer Distt. Uttar Baster Kanker C.G 5 - District Education Officer And Secretary District Level Rationalization Committee Distt. Uttar Baster Kanker Cg 6 - Joint Director Education Division Baster Jagdalpur Distt. Baster Cg --- Respondent(s) For Petitioner(s) : Mr. Parag Kotecha, Advocate For Respondent(s) : Ms. Smita Jha, Panel Lawyer Mr. Suyashdhar Badgaiya, Dy. G. A. 4 Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 19/06/2025 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. 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 25th June, 5 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