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2025 DAILYLAW 28441 (CHH)

AJAY KUMAR MISHRA v. STATE OF CHHATTISGARH

WPS/5634/2025 · 2025-06-25

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:27983 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5634 of 2025 1 - Ajay Kumar Mishra S/o Shri S.K. Mishra Aged About 46 Years Posted As Assistant Teacher (L.B.) At Government Middle School Bandhpara Khaliba, 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, Chhattisgarh 2 - Director Directorate Of Public Instructions (Dpi), Through Its Director, Indravati Bhawan, Naya Raipur, District Raipur , Chhattisgarh 3 - Joint Director Division Surguja, Chhattisgarh 4 - District Education Officer District Surguja - Ambikapur, Chhattisgarh 5 - Collector District Surguja - Ambikapur, Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Ms. Apoorva Pandey, Advocate For Respondent(s)/State : Mr. Kanwaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 26/06/2025 1. By way of this writ petition, the petitioner(s) is/are challenging the impugned transfer order(s) and action of the respondents whereby the petitioner(s) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.27 18:02:58 +0530 2 has/have been declared surplus Teacher(s) and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner(s) 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(s), and if the petitioner(s) is/are not granted interim relief, he/she/they will suffer with irreparable loss. Therefore, the impugned order(s) is/are liable to be set aside. 3. Learned counsel for the State would submit that after due verification of records the petitioner(s) has/have been transferred under the rationalization instructions issued by the State Government. It is further submitted that if the petitioner(s) is/are having any grievance, he/she/they may move fresh representation before the concerned District/Divisional Rationalization Committee and the Committee will take a decision on his/her/their representation(s), 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(s) is/are directed to make fresh representation(s) before the concerned District/Divisional Rationalization Committee within a period of 05 days from today and thereafter the Committee shall decide the same within a further period of 05 days from the date of receipt of representation(s), in accordance with law, in objective manner. Till 3 representation(s) of petitioner(s) is/are decided, there shall be status quo as it exists today so far as transfer of present petitioner(s) is/are concerned. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil