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2025 DAILYLAW 28934 (CHH)

MRS. ANITA GUPTA v. STATE OF CHHATTISGARH

WPS/6132/2025 · 2025-06-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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2025:CGHC:27853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6132 of 2025 Mrs. Anita Gupta W/o Sharda Charan Gupta Aged About 47 Years R/o Fafadi Road Near Jay Gopal Hardware Police Station Ganj Thana Raipur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Atal Nagar, New Raipur District - Raipur (C.G.) 2 - The Director Directorate Of Public Instructions Indrawati Bhawan, Atal Nagar, New Raipur District - Raipur (C.G.) 3 - The Collector Raipur District - Raipur (C.G.) 4 - The District Education Officer Raipur District - Raipur (C.G.) --- Respondent(s) WPS No. 6188 of 2025 Satish Kumar Namdeo S/o Shri Lalji Namdeo Aged About 40 Years R/o Ward No. 12, Pendra Road, District Gourela Pendra Marwahi Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Atal Nagar, New Raipur District Raipur Chhattisgarh 2 - The Director, Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, New Raipur District Raipur Chhattisgarh 3 - The Collector, District Gourela Pendra Marwahi Chhattisgarh 4 - Divisional Joint Director, Public Instructions Division Bilaspur Chhattisgarh 5 - The District Education Officer District Gourela Pendra Marwahi Chhattisgarh 6 - The Block Education Officer Swami Atmannd Govt. Multi Higher Secondary School, Pendra G.P.M., District Gariyaband Chhattisgarh ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri SS Barik, Advocate Digitally signed by V PADMAVATHI Date: 2025.06.26 11:16:11 +0530 Wps 6132 & 6188 of 2025 2 For Respondents/State : Shri SP Kale, Additional AG, Shri Khulesh Sahu, and Ms Anuja Sharma, Panel Lawyers ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 25.06.2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order 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 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 five days from today, and appear before the said Committee on 1st July, 2025. Thereafter, the Committee shall decide the Wps 6132 & 6188 of 2025 3 representation of the petitioners within seven 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 petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma