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2025 DAILYLAW 28709 (CHH)

SMT. ABHA MISHRA v. THE STATE OF CHHATTISGARH

WPS/5725/2025 · 2025-06-22

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5724 of 2025 1 - Jai Prakash Narayan Rai S/o Shri Ramnivas Rai Aged About 49 Years Occupation - Service, Presently Working As Assistant Teacher (L.B.), Government Primary School Sattipara, Ambikapur, District Sarguja Chhattisgarh --- Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantrayalay, Atal Nagar, Nawa Raipur, Dist Raipur Chhattisgarh 2 - The Director Public Instruction, Directorate, School Education, Indravati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 3 - The Collector District Sarguja Chhattisgarh 4 - The District Education Officer District Sarguja Chhattisgarh 5 - The Block Education Officer Block - Ambikapur, District Sarguja Chhattisgarh --- Respondent(s) WPS No. 5725 of 2025 1 - Smt. Abha Mishra W/o Shri Keshri Nandan Mishra Aged About 47 Years Occupation Service, Presently Working As Assistant Teacher (L.B.) Government Primary School Sattipara, Block Ambikapur, District Sarguja Chhattisgarh ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2 - The Director, Public Instruction, Directorate, School Education, Indravati Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.25 12:23:17 +0530 2 3 - The Collector, District Sarguja Chhattisgarh 4 - The District Education Officer, District Sarguja Chhattisgarh 5 - The Block Education Officer Block Ambikapur, District Sarguja Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Vivek Bhakta, Advocate For Respondent(s)/State : Mr. Shreyansh Mehta, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/06/2025 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 3 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 05 days from today, and appear before the said Committee on 30th 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