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2025 DAILYLAW 28873 (CHH)

SONAL SONI v. STATE OF CHHATTISGARH

WPS/5475/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26161 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5437 of 2025 1 - Ram Pratap Singh S/o Late Narayan Singh Aged About 51 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Manoharpur, Block Shankargarh, District Balrampur-Ramanujganj (C.G.). 2 - Mahendra Kumar Yadav S/o Late Jagdev Yadav Aged About 50 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Kisanpara, Block Shankargarh, District Balrampur- Ramanujganj (C.G.) 3 - Ram Prasad Ram S/o Biro Ram Aged About 44 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Parewa, Block Shankargarh, District Balrampur - Ramanujganj (C.G.) 4 - Mudrika Prasad Verma S/o Late Nathulal Verma Aged About 50 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Vinayakpur, Block Shankargarh, District Balrampur - Ramanujganj (C.G.). 5 - Nanhak Ram S/o Puran Ram Aged About 44 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Chinrai, Block Shankargarh, District Balrampur - Ramanujganj (C.G.). --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.). 3 - Joint Director Education Division Surguja, District Surguja (C.G.) 4 - Collector District Balrampur - Ramanujganj (C.G.) 5 - District Education Officer Balrampur - Ramanujganj, District Balrampur - Ramanujganj (C.G.) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.21 12:08:35 +0530 2 6 - Block Education Officer Shankargarh District Balrampur - Ramanunjganj (C.G.) --- Respondent(s) WPS No. 5475 of 2025 1 - Sonal Soni D/o Onkar Prasad Soni Aged About 40 Years Presently Working As Teacher (L.B.) Shant Kanwar Ram Govt. Girls Middle School Katora Talab Block Dharsinwa District - Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department,of School Education Mantralya Mahanadi Bhawan, Atal Nagar Naya Raipur District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan Atal Nagar Naya Raipur District - Raipur (C.G.) 3 - Joint Director Education Division Raipur District - Raipur (C.G.) 4 - Collector District - Raipur (C.G.) 5 - District Education Officer Raipur District- Raipur District - Raipur (C.G.) 6 - Block Education Officer Dharsinwa District - Raipur (C.G.) --- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Rohitashva Singh, Advocate For Respondent(s)/ State : Mr. Ajit Singh, Govt. Advocate 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. 3 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. 4 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved