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2025 DAILYLAW 28852 (CHH)

TRILOK KUMAR GOTA v. STATE OF CHHATTISGARH

WPS/5550/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:26187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5474 of 2025 1 - Rajnish Mishra S/o Shri Heera Lal Mishra Aged About 38 Years Presently Posted As Teacher L.B. At Govt. Upper Primary School Khairabhat, Block Narayanpur, District Narayanpur, C.G. R/o House No. 12, Res Colony, Near Pani Tanki, Mahka Road, Nayapara, Ward No.01, Narayanpur, Post Narayanpur, District Narayanpur C.G. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Ministry, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 3 - Joint Director Education Division Narayanpur, Narayanpur, District Narayanpur, (C.G.) 4 - The Collector Narayanpur, District Narayanpur (C.G.) 5 - District Education Officer Narayanpur, District Narayanpur, (C.G.) 6 - Block Education Officer Block Narayanpur, District Narayanpur (C.G.) --- Respondent(s) WPS No. 5550 of 2025 1 - Trilok Kumar Gota S/o Shri Chungu Ram Gota Aged About 48 Years Presently Posted As Lecturer L.B. (Geography) At Govt. H.S. School Kishanpuri, Block Narharpur, District Kanker, Chhattisgarh R/o Village Amoda, Post Amoda, Tahsil Narharpur, District South Bastar Kanker Chhattisgarh ---Petitioner(s) Versus VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.21 12:21:02 +0530 2 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Ministry, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 3 - Joint Director Education Division Bastar, Jagdalpur, District Bastar Chhattisgarh 4 - The Commissioner Bastar Division, Jagdalpur, District Bastar Chhattisgarh 5 - District Education Officer Kanker, District North Bastar Kanker Chhattisgarh 6 - Block Education Officer Block Narharpur, District North Bastar Kanker Chhattisgarh --- Respondent(s) WPS No. 5530 of 2025 1 - Anisha Ekka D/o Shri Michael Ekka Aged About 32 Years Presently Posted As Lecturer L.B. (Commerce) At Govt. H.S. School Pharasaguda, Block Bastar, District Bastar, Chhattisgarh R/o 27/271 Ekka Bhawan, Kishor Nyayalay Road, Near Saket Colony, Santoshi Ward No. 27, Jagdalpur, District Bastar Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Ministry, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - The Director Through The Deputy Director, Directorate Of Public Instruction, 3rd Block, First Floor, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh 3 - Divisional Joint Director Education Division Bastar, Jagdalpur, District Bastar, Chhattisgarh 4 - Divisional Joint Director Education Division Durg, District Durg Chhattisgarh 5 - District Education Officer Jagdalpur, District Bastar Chhattisgarh 6 - District Education Officer Balod, District Balod Chhattisgarh --- Respondent(s) 3 WPS No. 5514 of 2025 1 - Vinod Kumar Namdeo S/o Shri Ganesh Prasad Namdeo Aged About 51 Years Presently Posted As Lecturer (Hindi) At Govt. H.S. School Turenar, Block Jagdalpur, District Bastar, C.G. R/o 268/j, Anganbadi Para, Geedam Road, Parpa Naka, Maharana Pratap Ward No. 47, Jagdalpur, P.O. Jagdalpur, District Bastar, C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Ministry, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 3 - Joint Director Education Division Bastar, Jagdalpur, District Bastar (C.G.) 4 - The Collector Jagdalpur, District Bastar (C.G.) 5 - District Education Officer Jagdalpur, District Bastar (C.G.) 6 - Block Education Officer Block Jagdalpur, District Bastar (C.G.) --- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Alok Dewangan, Advocate For Respondent(s)/ State : Mr. Ajit Singh, Govt. Advocate Mr. Akhilesh Kumar, Govt. Advocate Mr. Khulesh Sahu, Panel Lawyer Ms. Anuja Sharma, 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. 4 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 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. Till decision on the representation is communicated to the petitioners, the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioners are concerned, be kept in abeyance. 5 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved