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2025 DAILYLAW 29045 (CHH)

KESHAV PRASAD RATHORE v. STATE OF CHHATTISGARH

WPS/6108/2025 · 2025-06-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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2025:CGHC:27675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5299 of 2025 Smt. Uttra Verma W/o Shri Dikendra Verma Aged About 52 Years Occupation Teacher (L.B.) (Arts), Government Middle School Dumar Block Dhamdha Distt. Durg (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nava Raipur, District Raipur (C.G) 2 - The Director Public Instruction Department, Indrawati Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh) 3 - The Divisional Joint Director, Public Instruction, Division Durg, Distt. Durg (C.G.) 4 - The Distrcit Education Officer Durg Distt. Durg (C.G.) 5 - The Block Education Officer Dhamdha Distt. Durg (C.G.) --- Respondent(s) WPS No. 6108 of 2025 Keshav Prasad Rathore S/o Shri Kushal Prasad Rathore Aged About 54 Years Occupation- Assistant Teacher (L B), Government Primary School Chhotemudpar Block Kharsia, Distt. Raigarh (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - The Director, Public Instruction Department, Indrawati Bhawan, Post Office Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nava Raipur, District Raipur (C.G.) 3 - The Divisional Joint Director, Public Instruction, Division Bilaspur, District- Bilaspur C.G. 4 - The District Education Officer Raigarh, District Raigarh (C.G.) 5 - The Block Education Officer Kharsia, Distt Raigarh C.G. --- Respondent(s) Digitally signed by V PADMAVATHI Date: 2025.06.26 11:16:12 +0530 Wps 5299 of 2025 and other cases 2 WPS No. 6081 of 2025 Smt. Sandhya Mukharjee W/o Shri Mrinay Mukharjee Aged About 38 Years Occupation- Teacher E Cadre (Maths), Government Girls Middle School Vaishalinagar Block Durg Distt. Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - The Director Publi Instruction Department, Indrawati Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - The Divisional Joint Director Public Instruction, Division Durg, Distt. Durg (C.G.) 4 - The District Education Officer Durg, Distt. Durg (C.G.) 5 - The Block Education Officer Durg, Distt. Durg (C.G.) ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Vipin Tiwari, Advocate For Respondents/State : Shri Akhilesh Kumar, 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. Wps 5299 of 2025 and other cases 3 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 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