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2025 DAILYLAW 28763 (CHH)

SURESH KUMAR CHAUHAN v. STATE OF CHHATTISGARH

WPS/6119/2025 · 2025-06-24

Shri Ravindra Kumar Agrawal

Public Interest Litigationbody2025

Judgment text

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1 2025:CGHC:27844 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6119 of 2025 1 - Suresh Kumar Chauhan S/o Jawahar Lal Chauhan Aged About 38 Years Assistant Teacher (L.B.), Govt. Primary School Tandapara, Block - Kharsiya, District - Raigarh (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 2 - Director Public Instructions Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Collector Raigarh, District - Raigarh (C.G.) 4 - District Education Officer Raigarh, District - Raigarh (C.G.) --- Respondent(s) WPS No. 6217 of 2025 1 - Jitendra Kumar Kathle S/o Kapil Kathle Aged About 36 Years Assistant Teacher (L.B.), Govt. Primary School Bharewapara, Block - Pandariya, District Kabirdham (C.G.) ---Petitioner(s) Versus SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.26 10:40:02 +0530 2 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District Raipur (C.G.) 2 - Director Public Instructions, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 3 - Collector Kabirdham, District Kabirdham (C.G.) 4 - District Education Officer Kabirdham, District Kabirdham (C.G.) --- Respondent(s) For Petitioner(s) : Ms. Aditi Sharma, Advocate For Respondent(s) : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 25/06/2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have been 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. Learned State counsel would further submit that if the petitioners are having 3 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 05 days from today, and appear before the said Committee on 1st July, 2025. Thereafter, the Committee shall decide the representation of the petitioner 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 petitioner, the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioner is concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika