2025:CGHC:26482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5418 of 2025 Parvati Patel W/o. Shri Premlal Patel Aged About 37 Years Working As Assistant Teacher (L.B.) At Government Primary School, Dipapara, Darri, Kiritmal, Block - Kharsia, District - Raigarh (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District - Raipur (C.G.) 2 - Director, Directorate Of Public Instruction Indrawati Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 3 - Joint Director Education Division, Bilaspur, District - Bilaspur (C.G.) 4 - Collector Raigarh, District - Raigarh (C.G.) 5 - District Education Officer Raigarh, District - Raigarh (C.G.) 6 - Block Education Officer Raigarh, District - Raigarh (C.G.) ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Anil Tawadkar, on behalf of Shri Prabhat Kumar Saxena, Advocate For Respondents/State : Shri S Choubey, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 20.06.2025 1. By way of this writ petition, the petitioner is challenging the impugned transfer order and action of the respondents whereby the petitioner has been declared surplus Teacher and consequently transferred under the Teacher Rationalization instructions. Digitally signed by V PADMAVATHI Date: 2025.06.23 11:06:05 +0530 Wps 5418 of 2025 2 2. Learned counsel for the petitioner 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 petitioner, and if the petitioner is not granted interim relief, he/she will suffer irreparable loss. He would further submit that the provisions of Clause 7(a)(4) of the Rationalization Instructions dated 02-08-2024 have been violated as the junior among others is to be declared as surplus teachers, whereas, in the present case, the petitioner being senior to other candidates has been declared as surplus and his/her services have been transferred from the Govt Primary School Dipapara, Darri to Govt Primary School, Mahuwapali, Block Kharsia, District-Raigarh CG. 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 petitioner has been transferred under the Rationalization instructions issued by the State Government. He would further submit that if the petitioner is having any grievance, he/she may move fresh representation before the concerned District Rationalization Committee and the Committee will take a decision on the representation in accordance with law within a stipulated period. 4. 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 petitioner is 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 District Wps 5418 of 2025 3 Rationalization Committee shall decide the representation of the petitioner within seven days from the date of receipt of representation in accordance with law particularly in view of Clause 7(a)(4) of the Rationalization Instructions dated 02-08-2024 in objective manner. Till decision on the representation is communicated to the petitioner, the impugned transfer order issued under Teacher Rationalization Instructions, so far as the petitioner is 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