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High Court of Chhattisgarh · body

2025 DAILYLAW 28458 (CHH)

SANDHYA DESHPANDEY v. STATE OF CHHATTISGARH

WPS/5406/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:26141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5406 of 2025 1 - Sandhya Deshpandey W/o. Dhanjay Deshpandey Aged About 54 Years R/o. Science Simran Tower, Flat No. 117, Raipur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Atal Nagar, New Raipur, District - Raipur (C.G.) 2 - The Director Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, New Raipur, District - Raipur (C.G.) 3 - The Collector Raipur, District - Raipur (C.G.) 4 - The District Education Officer Raipur, District - Raipur (C.G.) --- Respondent(s) WPS No. 5572 of 2025 1 - Manju Netam W/o Kaval Netam Aged About 45 Years R/o Avadhpuri, Bhatgaon Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.) 3 - The Collector Raipur, District- Raipur (C.G.) 4 - The District Education Officer Raipur, District Raipur (C.G.) --- Respondent(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.20 19:02:21 +0530 2 WPS No. 5565 of 2025 1 - Smt. Sushma Kanwar W/o Vijay Singh Kunwar Aged About 31 Years R/o Rawatpura Colony, Phase- 1, House 35, Bhatagaon, Raipur, District Raipur, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - The Joint Director Education Raipur, Division, Raipur, Chhattisgarh. 3 - The District Education Officer Raipur, District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 5553 of 2025 1 - Mrs. Priyanka Sharma W/o. Sudhir Sharma Aged About 44 Years R/o. 293, Samta Colony, Behind Pandey Nursing Home, Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Atal Nagar, New Raipur, District - Raipur (C.G.) 2 - The Director, Directorate Of Public Instructions Indrawati Bhawan, Atal Nagar, New Raipur, District - Raipur (C.G.) 3 - The Collector Raipur, District - Raipur (C.G.) 4 - The District Education Officer Raipur, District - Raipur (C.G.) --- Respondent(s) WPS No. 5542 of 2025 1 - Silmanti Tirkey W/o Pinkal Tirkey Aged About 46 Years R/o Rameshwar Nagar, Bhanpuri, Raipur, District Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Atal Nagar Nawa Raipur, District Raipur (C.G.) 3 2 - The Joint Director Education Raipur Division, Raipur (C.G.) 3 - The District Education Officer Raipur, District Raipur (C.G.) 4 - The Block Education Officer Dharsiwa, District Raipur (C.G.) --- Respondent(s) WPS No. 5441 of 2025 1 - Nohar Singh Sahu S/o. Ramcharan Sahu Aged About 58 Years R/o. 178, New Colony, Bathena Ward, Ward No. 6, Dhamtari (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Atal Nagar, New Raipur, District - Raipur (C.G.) 2 - The Director, Directorate Of Public Instructions Indrawati Bhawan, Atal Nagar, New Raipur, District - Raipur (C.G.) 3 - The Collector Kanker, District - Kanker (C.G.) 4 - The Joint Director Education Division Bastar, Jagdalpur (C.G.) 5 - The District Education Officer District North Bastar Kanker (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Gaurav Singhal, Advocate. For Respondent(s) : Mr. Kanwaljeet Singh Saini, Panel Lawyer, and Mr. Santosh Bharat, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 20-06-2025 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 4 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 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 26th 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