Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:26214
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5509 of 2025 1 - Kanhai Chandra Devnath S/o Shri Ganesh Chandra Devnath Aged About 53 Years Assistant Teacher (L.B.) Govt. Higher Secondary School, Kharsia, Block - Kharsia, Distt. Raigarh Chhattisgarh
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Tribal Welfare, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Chhattisgarh Public Instruction, Third Floor, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh 3 - Collector, Raigarh Distt. Raigarh Chhattisgarh 4 - District Education Officer Raigarh, Distt. Raigarh Chhattisgarh 5 - President District Rationalization Committee, Raigarh, Distt. Raigarh Chhattisgarh 6 - Principal Govt. Higher Secondary School, Kharsia, Block - Kharsia, Distt. Raigarh Chhattisgarh
--- Respondent(s) WPS No. 5518 of 2025 1 - Rajkumari Kashyap W/o Shri Rohit Kumar Kashyap Aged About 49 Years Teacher (Art) In Govt. Middle School, Kadar Block Bilha, District Bilaspur Chhattisgarh.
---Petitioner(s) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.21 11:55:45 +0530
2 Versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Raipur Chhattisgarh. 2 - The Collector Bilaspur Cum Chairmen District Level Yuktiyukt Karan Committee Bilaspur, District Bilaspur Chhattisgarh. 3 - Joint Director Education Division Bilaspur, District Bilaspur Chhattisgarh. 4 - District Education Officer Bilaspur, Cum Secretary District Level Yuktiyukt Karan Committee Bilaspur, District Bilaspur Chhattisgarh. 5 - Block Education Officer Bilha, Cum Secretary Block Level Yuktiyukt Karan Committee Block Bilha, District Bilaspur Chhattisgarh.
--- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Anil Mourya, Advocate For Respondent(s)/State : Mr. Suyashdhar Badgaiya, Deputy G.A. Mr. Santosh Bharat, 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.
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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.
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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.
6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved