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2025 DAILYLAW 28386 (CHH)

ARCHANA KURREY v. STATE OF CHHATTISGARH

WPS/5101/2025 · 2025-06-18

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:25664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5080 of 2025 1 - Nazeem Khan S/o. Lt. Md. Haneef Khan Aged About 44 Years Posted At Assistant Teacher (Lb) At Government Primary School, Uranvpara Asola, Block - Ambikapur, District - Surguja-Ambikapur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - Under Secretary Department Of School Education, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Director Directorate Of Public Instruction (Dpi), Through Its Director, Indrawati Bhawan, Naya Raipur, District - Raipur (C.G.) 4 - Joint Director Division Surguja (C.G.) 5 - District Education Officer District - Surguja-Ambikapur (C.G.) 6 - Collector District - Surguja-Ambikapur (C.G.) 7 - Vikas Kaushik Presently Posted As Assistant Teacher At Government Primary School, Uranvpara Asola, Block- Ambikapur, District - Surguja (C.G.) --- Respondent(s) WPS No. 5101 of 2025 1 - Archana Kurrey W/o Shri Rajesh Kumar Marval Aged About 33 Years Presently Posted As Lecturer (Chemistry) At Government Higher Secondary School Morga, Block Podiuproda, District Korba (C.G.) ---Petitioner(s) Versus ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.19 19:15:27 +0530 2 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan Naya Raipur, Atal Nagar District Raipur (C.G.) 3 - Deputy Director Directorate Of Public Instruction Indrawati Bhawan Naya Raipur, Atal Nagar District Raipur (C.G.) 4 - Divisional Joint Director Education Division Bilaspur District Bilaspur (C.G.) 5 - Collector Korba, District Korba (C.G.) 6 - District Education Officer Korba, District Korba (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Ghanshyam Kashyap, Advocate. For Respondent(s) : Mr. Anmol Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 19-06-2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have 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. He 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 3 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 five days from today, and appear before the said Committee on 25th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners within seven 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 the petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok