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2025 DAILYLAW 28541 (CHH)

SMT. PHOOLMATI THAKUR v. STATE OF CHHATTISGARH

WPS/5508/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:26179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5458 of 2025 1 - Smt. Sukhdaee Bakde W/o. Shri Lalaram Bakde Aged About 41 Years Working As Teacher (L.B.) At Govt. Middle School, Chitapadar, Block And District - Jagdalpur (Bastar) (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District - Raipur (C.G.) 2 - The Collector Jagdalpur, District - Jagdalpur (Bastar) (C.G.) 3 - The District Education Officer Jagdalpur, District - Jagdalpur At Bastar (C.G.) 4 - Block Education Officer Jagdalpur, District - Jagdalpur At Bastar (C.G.) --- Respondent(s) WPS No. 5508 of 2025 1 - Smt. Phoolmati Thakur W/o Shri Dilip Thakur Aged About 41 Years Working As Teacher (L.B.) At Govt. Middle School, Badegourawand, Block And District Jagdalpur (Baster) (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - The Collector Jagdalpur, Distt. Jagdalpur (C.G.) 3 - The District Education Officer Jagdalpur, District- Jagdalpur At Baster (C.G.) 4 - Block Education Officer Jagdalpur, District- Jagdalpur At Baster (C.G.) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.21 12:11:33 +0530 2 5 - Smt. Jamuna Sethiya Working As Teacher (L.B.) At Govt. Middle School, Badegourawand, District- Jagdalpur Baster (C.G.) --- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Somkant Verma, Advocate For Respondent(s)/ State : Mr. Santosh Bharat, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 20/06/2025 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. 3 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 26th June, 2025. Thereafter, the 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