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2025 DAILYLAW 28409 (CHH)

SMT. MADHAVI GANVEER v. STATE OF CHHATTISGARH

WPS/5683/2025 · 2025-06-22

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:26634 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5650 of 2025 1 - Omprakash Mahla S/o. Late Phool Singh Mahla Aged About 59 Years Posted As Lecturer, Government Higher Secondary School, Korchatola, Block - Ambagarh Chowki, District - Mohla-Manpur-Ambagarh Chowki (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, Mohla-Manpur, District - Mohla-Manpur (C.G.) 4 - Collector District - Mohla-Manpur-Ambagarh Chowki (C.G.) 5 - District Education Officer District - Mohla-Manpur-Ambagarh Chowki (C.G.) 6 - Block Education Officer District - Mohla-Manpur (C.G.) --- Respondent(s) WPS No. 5769 of 2025 1 - Smt. Asma Farooqui W/o S.A. Farooqui Aged About 58 Years Posted As Teacher (L.B.), Sahid Bhagat Singh Government Middle School, Pandri, Raipur, District Raipur, Chhattisgarh. ---Petitioner(s) Versus VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.25 12:21:14 +0530 2 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 - Joint Director Education Division, Raipur, District Raipur, Chhattisgarh. 4 - Collector District Raipur, Chhattisgarh. 5 - District Education Officer Raipur, District Raipur, Chhattisgarh. 6 - Block Education Officer, Block Dharsiva District Raipur, Chhattisgarh. --- Respondent(s) WPS No. 5683 of 2025 1 - Smt. Madhavi Ganveer W/o Shri Rajendra Kumar Ganveer Aged About 56 Years Posted As Lecturer (T), Government Girls Higher Secondary School, Bandhabazar, Block- A, Chowki, District- Mohla Manpur A Chowki (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, Mohla Manpur District Mohla Manpur (C.G.) 4 - Collector District Mohla Manpur A. Chowki (C.G.) 5 - District Education Officer Mohla Manpur, A Chowki (C.G.) 6 - Block Education Officer District Mohla Manpur A Chowki (C.G.) --- Respondent(s) WPS No. 5663 of 2025 1 - Rajendra Kumar Bhendia S/o Khomu Ram Bhendia Aged About 57 Years Posted As Lecturer At Government Higher Secondary School, Atargaon, Block - Ambagarh Chowki, District : Mohla-Manpur-Ambagarh Chowki, Chhattisgarh ---Petitioner(s) Versus 3 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District : Raipur, Chhattisgarh 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District : Raipur, Chhattisgarh 3 - Joint Director Education Division, Mohla Manpur Ambagarh Chowki, District : Mohla-Manpur-Ambagarh Chowki, Chhattisgarh 4 - Collector District Mohla-Manpur-Ambagarh Chowki, Chhattisgarh 5 - District Education Officer Mohla-Manpur-Ambagarh Chowki, Chhattisgarh 6 - Block Education Officer Block Ambagarh Chowki, District : Mohla-Manpur- Ambagarh Chowki, Chhattisgarh --- Respondent(s) WPS No. 5660 of 2025 1 - Rupendra Dwivedi S/o. Akhil Kumar Dwivedi Aged About 51 Years Posted As Teacher (L.B.), Government Middle School, Sanginkachar, Block - Dongargaon, District - Rajnandgaon (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, Durg, District - Durg (C.G.) 4 - Collector District - Rajnandgaon (C.G.) 5 - District Education Officer Rajnandgaon (C.G.) 6 - Block Education Officer Dongargaon, District - Rajnandgaon (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Prateek Singh Thakur, Advocate For Respondent(s)/State : Mr. Akhilesh Kumar, Govt. Advocate Mr. Shreyansh Mehta, Panel Lawyer 4 Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/06/2025 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. 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 30th June, 2025. Thereafter, the 5 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