Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28416
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5942 of 2025 1 - Rakesh Gupta S/o Narad Prasad Gupta Aged About 42 Years R/o Indira Nagar, Block - Saja, District - Bemetara, (C.G.) 2 - Keshlal Dhruve S/o Lakhanlal Dhruve Aged About 36 Years R/o Vil- Hardas, Block - Karesara, District - Bemetara, (C.G.) 3 - Dalendra Kumar Sonkar S/o Narottam Ram Sonkar Aged About 35 Years R/o Vil- Atrajhola, Raja Mohgao, Block- Saja, District - Bemetara, (C.G.) 4 - Yogendra Kumar Sahu S/o Samay Lal Sahu Aged About 36 Years R/o Vil - Mouhabhatha, Raja Mahgao, Block- Saja, District - Bemetara, (C.G.) 5 - Om Patel S/o Purushottam Patel Aged About 27 Years R/o Vil - Toran, Block - Hatranka, District - Bemetara, (C.G.)
... Petitioners versus 1 - State of Chhattisgarh Through Its Secretary, School Education Department Mahanadi Bhavan, Naya Raipur District - Raipur (C.G.) 2 - District Education Officer District - Bemetara, (C.G.) 3 - Block Education Officer Block- Saja District – Bemetara 4 - Collector District - Bemetara
... Respondents (Cause-title taken from Case Information System) For Petitioner(s) : Ms. Apoorva Pandey, Advocate. For State-Respondents : Mr. S.P. Kale, Addl. Advocate General. Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board 27-06-2025
1. By way of this writ petition, the petitioner(s) is/are challenging the impugned transfer order(s) and action of the respondents whereby the petitioner(s) has/have been declared surplus Teacher(s) and Digitally signed by MOHAMMAD AADIL KHAN
2 consequently transferred under the Teacher Rationalization Instructions.
2.
Learned counsel for the petitioner(s) would submit that two petitioners have joined and three petitioners have not joined at their transferred place. It is further submitted that the 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 petitioner(s) and if the petitioner(s) is/are not granted interim relief, he/she/they will suffer with irreparable loss. Therefore, the impugned
order(s) is/are liable to be set aside.
3.
Learned counsel for the State would submit that after due verification of records the petitioner(s) has/have been transferred under the rationalization instructions issued by the State Government. It is further submitted that if the petitioner(s) is/are having any grievance, he/she/they may move fresh representation before the concerned District/Divisional Rationalization Committee and the Committee will take a decision on his/her/their representation(s) 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 petitioner(s) is/are directed to make fresh representation(s) before the concerned District/Divisional Rationalization Committee within a period of five days from today and thereafter the Committee shall decide the same within a further period of five days from the date of receipt of representation(s) in accordance with law in objective manner. Till representation(s) of petitioner(s) is/are decided, there shall be status
3 quo as it exists today so far as transfer of the petitioners who have not joined at their transferred place are concerned.
6. With the aforesaid observation and direction, the present writ petition stands disposed of.
Sd/- (Ravindra Kumar Agrawal) Judge Aadil