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2025 DAILYLAW 28792 (CHH)

ANIL KUMAR RATHORE v. STATE OF CHHATTISGARH

WPS/6474/2025 · 2025-06-26

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:28460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6474 of 2025 1 - Anil Kumar Rathore S/o Shri Chhedilal Rathore Aged About 56 Years Presently Posted As Teacher Middle School Gaushala, Naila, District Janjgir-Champa, R/o Maa Kali Kutir Janjgirchampa ( C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary School Education, Government Of Chhattisgarh, Mantralaya Nawa Raipur District Raipur (C.G.) 2 - Director Directorate Of Public Instructions, Indravati Bhawan Nawa Raipur District Raipur (C.G.) 3 - Commissioner Division Bilaspur District Bilaspur (C.G.) 4 - Collector Janjhgir Champa District Janjhgir Champa (C.G.) 5 - Collector Mungeli District Mungeli (C.G.) 6 - District Education Officer District Janjhgir Champa (C.G.) 7 - District Education Officer District Mungeli (C.G.) --- Respondent(s) WPS No. 6481 of 2025 1 - Yogesh Banerjee S/o Shri Lakhan Lal Banerjee Aged About 38 Years Presently Posted As Teacher Middle School Bongapar, District Janjgir- Champa, R/o New Collector Road Kedar Vihar Janjhgir District Jajhgir Champa (C.G.) ---Petitioner(s) 2 Versus 1 - State Of Chhattisgarh Through The Secretary School Education, Government Of Chhattisgarh, Mantralaya Nawa Raipur District Raipur (C.G.) 2 - Director Directorate Of Public Instructions, Indiravati Bhawan Nawa Raipur District Raipur (C.G.) 3 - Commissioner Division Bilaspur District Bilaspur (C.G.) 4 - Collector Janjhgir Champa District Janjhgir Champa (C.G) 5 - Collector Mungeli District Mungeli (C.G) 6 - District Education Officer District Janjhgir Champa (C.G.) 7 - District Education Officer District Munegli (C.G) --- Respondent(s) For Petitioner(s) : Mr. Anirudhha Shrivastava, Advocate For Respondent(s) : Ms. Smita Jha, Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal, J. 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 consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner(s) 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 petitioner(s) and if the petitioner(s) is/are not granted interim relief, he/she/they will suffer with irreparable loss. Learned counsel for the petitioner(s) further submit that the petitioner(s) has/ have not joined in his/her/their transferred place of 3 posting till date. 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 quo as it exists today so far as transfer of present petitioner(s) is/are concerned. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika