Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:26089
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5353 of 2025 1 - Anil Kumar Jain S/o Late Shri Jeetmal Jain Aged About 58 Years Presently Posted As Lecturer (Commerce) At Jagtu Mahra Government Multipurpose Higher Secondary School, Jagdalpur, District Bastar, Chhattisgarh.
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Chhattisgarh. 2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, Chhattisgarh. 3 - Joint Director Education Division, Bastar, Jagdalpur, Chhattisgarh. 4 - Collector And Chairman District Level Rationalization Committee, District Bastar, Chhattisgarh. 5 - District Education Officer And Secretary District Level Rationalization Committee, District Bastar, Chhattisgarh.
--- Respondent(s) WPS No. 5584 of 2025 1 - Girvar Singh S/o Shri Paras Ram Aged About 43 Years Presently Posted As Lecturer (L B), At Jagtu Mahra Government Multipurpose Higher Secondary School, Jagdalpur, District Bastar Chhattisgarh
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.20 19:02:19 +0530
2 2 - Director, Directorate Of Lok Shikshan Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh 3 - Joint Director, Education Division, Bastar, Jagdalpur Chhattisgarh 4 - Collector And Chairman, District Level Rationalization Committee, District Bastar Chhattisgarh 5 - District Education Officer, And Secretary, District Level Reationalization Committee, District Bastar Chhattisgarh
--- Respondent(s) For Petitioner(s) : Mr. Vikash A. Shrivastava, Advocate. For Respondent(s) : Ms. Anuja Sharma, Panel Lawyer.
Hon'ble Shri Justice
Ravindra Kumar Agrawal, J.
Order on Board 20-06-2025
1. By way of these writ petitions, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have declared surplus Teacher 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 are 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. She 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.
3
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 26th June, 2025. Thereafter, the Committee shall decide the 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 the petitioners are concerned, be kept in abeyance.
6. With the aforesaid observation and direction, the present writ petitions stands disposed of.
Sd/-
(Ravindra Kumar Agrawal)
Judge Alok