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2025 DAILYLAW 28545 (CHH)

KRIPA RAM SONKAR v. STATE OF CHHATTISGARH

WPS/5397/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5397 of 2025 1 - Kripa Ram Sonkar S/o Shri Mindhu Ram Sonkar Aged About 57 Years Working As Teacher (Lb) And Posted At Govt Middle School Bhapari District Dhamtari Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh 2 - District Education Officer Dhamtari District Dhamtari Chhattisgarh --- Respondent(s) WPS No. 5585 of 2025 1 - Smt. Kaushal Netam W/o Shri Yogendr Kumar Thakur Aged About 32 Years Assistant Teacher Govt. Primary School Narayangarh Block Dongargarh District - Rajnandgoan (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya New Raipur District - Raipur (C.G.) 2 - District Education Officer Rajnandgaon District - Rajnandgoan (C.G.) --- Respondent(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.20 19:02:21 +0530 2 WPS No. 5568 of 2025 1 - Md Afsar Iqbal Qurashi S/o Md. Gyasuddin Aged About 45 Years Working As Lecturer At Govt. H.S. School Arojkund Ambagarh Chowki District - Mohla Manpur A Chowki (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan Mantralaya New Raipur District - Raipur (C.G.) 2 - District Education Officer Mohla Manpur A Chowki District - Mohla Manpur A Chowki (C.G.) --- Respondent(s) WPS No. 5477 of 2025 1 - Vijayshankar Shrivastava S/o Shri Harishankar Shrivastava Aged About 52 Years Lecturer (Maths) Govt. High School Sitagaon (Aundhi), District : Mohla- Manpur-Ambagarh Chowki, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh. 2 - District Education Officer Bilaspur,, District : Mohla-Manpur-Ambagarh Chowki, Chhattisgarh --- Respondent(s) WPS No. 5412 of 2025 1 - Smt Mithila Mishra W/o Shri Anil Mishra Aged About 59 Years U.D.T. Govt. Adarsh Middle School, Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur, District - Raipur (C.G.) 2 - District Education Officer Durg, District - Durg (C.G.) --- Respondent(s) 3 For Petitioner(s) : Mr. Ajay Shrivastava, Advocate. For Respondent(s) : Mr. Akhilesh Kumar, Govt. Advocate, Mr. Ajit Singh, Govt. Advocate, and Ms Smita Jha, 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 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 4 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