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2025 DAILYLAW 28833 (CHH)

MADHVENDRA SINGH KSHTRIYA v. STATE OF CHHATTISGARH

WPS/5870/2025 · 2025-06-23

Shri Ravindra Kumar Agrawal

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1 2025:CGHC:27316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5870 of 2025 1 - Madhvendra Singh Kshtriya S/o Kanwal Singh Kshtriya Aged About 47 Years Posted As Lecturer, (English) At Govt. High School, Jhiriya, Block And District Dhamtari Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralay, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - The Director Public Instructions, Chhattisgarh H.O. Indrawati Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh. 3 - The Collector / President, District Yuktiyuktkaran Samiti Dhamtari, District Dhamtari Chhattisgarh. 4 - The District Education Officer Cum Member Secretary District Yuktiyuktkaran Samiti, Dhamtari, District Dhamtari Chhattisgarh. --- Respondent(s) WPS No. 5889 of 2025 1 - Smt. Rajeshwari Sharma W/o Shri Laxmikant Sharma Aged About 57 Years Posted As Teacher (U.D.T.) At Govt. Middle School, Changorabhatha, Block- Dharsiwa, District Raipur, Chhattisgarh. SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.25 11:01:12 +0530 2 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - The Director Public Instructions, Chhattisgarh H.Q.- Indrawati Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 3 - The Collector/ President District Yuktiyuktkaran Samiti, Raipur, District Raipur, Chhattisgarh. 4 - The District Education Officer Cum Member Secretary District Yuktiyuktkaran Samiti, Raipur, District Raipur, Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Rajesh Kesharwani, Advocate For Respondent(s) : Mr. Ajit Singh, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 24/06/2025 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 3 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 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