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2025 DAILYLAW 28514 (CHH)

SMT. SHAKILA BANO v. STATE OF CHHATTISGARH

WPS/5701/2025 · 2025-06-22

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5628 of 2025 1 - Poshan Kumar Sahu S/o Shri Omkarnath Sahu Aged About 34 Years Occupation - Assistant Teacher (Lb), Government Primary School Kumhli Block Patan Distt. Durg (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 2 - The Director Public Instruction Department, Indrawati Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 3 - The Divisional Joint Director Public Instruction, Division Durg, Distt. Durg (C.G.) 4 - The District Education Officer Durg Distt. Durg (C.G.) 5 - The Block Education Officer Patan, Distt. Durg (C.G.) --- Respondent(s) WPS No. 5701 of 2025 1 - Smt. Shakila Bano W/o Shri Abdul Hameed Aged About 50 Years Occupation Teacher (L.B.), Government Middle School Bathena Block Patan, District Durg, Chhattisgarh. ---Petitioner(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.23 19:44:49 +0530 2 Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 - The Director Public Instruction Department, Indrawati Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 3 - The Divisional Joint Director Public Instruction, Division Durg, District Durg, Chhattisgarh. 4 - The District Education Officer Durg, District Durg, Chhattisgarh. 5 - The Block Education Officer Patan, District Durg, Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Vipin Tiwari, Advocate. For Respondent(s) : Mr. Kanwaljeet Singh Saini, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 23-06-2025 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 3 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 30th 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. 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok