Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:26078
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5338 of 2025 1 - Pushplata Netam W/o Visheshar Singh Netam Aged About 39 Years Lecturer (Biology), Govt, Higher Secondary School Chachanpairi, Abhanpur, District Raipur, Chhattisgarh.
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - Director Public Instruction Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - Divisional Joint Director Raipur Division, First Floor Pensionbada, Raipur, Chhattisgarh. 4 - Collector Raipur, District Raipur, Chhattisgarh. 5 - District Education Officer Raipur, District Raipur, Chhattisgarh.
--- Respondent(s) WPS No. 5557 of 2025 1 - Hem Prakash Tiwari S/o Jaduram Tiwari Aged About 52 Years Assistant Teacher (L.B.), Govt. Primary School Kumhari Khurd, Block- Bamhnidih, District- Janjgir-Champa (C.G.)
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District Raipur (C.G.) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.21 12:14:38 +0530
2 2 - Director Public Instructions, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 3 - Collector Janjgir-Champa District Janjgir-Champa (C.G.) 4 - District Education Officer Janjgir-Champa, District Janjgir-Champa (C.G.)
--- Respondent(s) WPS No. 5537 of 2025 1 - Bhuwneshwari Porte W/o Late Kawal Singh Porte Aged About 59 Years Teacher (L.B.), Govt. Primary School Madanpur, Block- Bilha, District- Bilaspur (C.G.)
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District Raipur (C.G.) 2 - Director Public Instructions, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 3 - Collector Bilaspur District Bilaspur (C.G.) 4 - District Education Officer Bilaspur, District Bilaspur (C.G.)
... Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Aditya Sharma, Advocate For Respondent(s)/ State : Mr. Akhilesh Kumar, Govt. Advocate Mr. Suyashdhar Badgaiya, Deputy G.A. Mr. Sabyasachi Choubey, 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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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.
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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.
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6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved