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2025 DAILYLAW 28844 (CHH)

MUCHAKI KRISHNA v. STATE OF CHHATTISGARH

WPS/5516/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26196 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5483 of 2025 1 - Lakhma Ram Baghel S/o Pardeshi Baghel Aged About 54 Years Occupation Teacher (L.B.), R/o House No. 199, Patelpara, Kokawada, Tahakwada, Tongpal, Bastar, District Sukma Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Department Of School Education Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, Indravati Bhawan, New Raipur, District Raipur Chhattisgarh. 3 - Collector Sukma, District Sukma Chhattisgarh. 4 - District Education Officer District Durg, Chhattisgarh / Member Secretary, District Level Rationalization Committee Durg Chhattisgarh. --- Respondent(s) WPS No. 5566 of 2025 1 - Ganesh Kumar Tandan S/o G.D. Tandan Aged About 55 Years Occupation - Teacher (L.B), R/o - Near Bus Stand, Tongpal, District - Sukma, (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Department Of School Education, Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, Indravati Bhawan, New Raipur, District Raipur (C.G.) 3 - Collector Sukma, District - Sukma (C.G.) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.21 12:16:46 +0530 2 4 - District Education Officer District - Sukma, Chhattisgarh/ Member Secretary District Level Rationalization Committee, Sukma ( C.G.) --- Respondent(s) WPS No. 5516 of 2025 1 - Muchaki Krishna S/o Muchaki Mada Aged About 47 Years Occupation- Teacher (L.B.), R/o - House No. 330, Urmapal, Sukma, District - Sukma, (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Department Of School Education, Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, Indravati Bhawan, New Raipur, District Raipur (C.G.) 3 - Collector Sukma, District - Sukma (C.G.) 4 - District Education Officer District - Durg, Chhattisgarh/member Secretary District Level Rationalization Committee, Durg (C.G.) ... Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Rishabh Bisen, Advocate For Respondent(s)/ State : Mr. Shreyansh Mehta, Panel Lawyer Mr. Khulesh Sahu, Panel Lawyer Mr. Kanwaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 20/06/2025 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 3 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 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 26th 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. 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved