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2025 DAILYLAW 29056 (CHH)

OMPRAKASH JANGADE v. STATE OF CHHATTISGARH

WPS/5525/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5525 of 2025 1 - Omprakash Jangade S/o Nain Kumar Jangade Aged About 50 Years Working As Assistant Teacher (Lb) And Posted At Govt. Primary School Madanpur, Block Pathalgaon District Jashpur Chhattisgarh 2 - Saroj Gandhar W/o Gajadhar Gandharv Aged About 48 Years Working As Assistant Teacher (Lb) And Posted At Govt. Primary School Lakhjhar, Block Pathalgaon District Jashpur Chhattisgarh 3 - Manoj Kumar Kurrey S/o Gorakhnath Kurrey Aged About 41 Years Working As Assistant Teacher (Lb) And Posted At Govt. Primary School Kotbhiyapara, Block Pathalgaon District Jashpur Chhattisgarh 4 - Subhas Kurrey S/o Shyam Lal Aged About 45 Years Working As Assistant Teacher (Lb) And Posted At Govt. Primary School Charchhapar, Block Pathalgaon District Jashpur Chhattisgarh 5 - Harendra Kumar Singh S/o Lala Kumar Singh Aged About 50 Years Working As Assistant Teacher (Lb) And Posted At Govt. Primary School Dahidand, Block Pathalgaon District Jashpur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur (C.G.) 2 - Director Directorate Of Chhattisgarh Public Instruction, Third Floor, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 3 - Joint Director Education Division Ambikapur, District Sarguja (C.G.) 4 - Collector Jashpur District Jashpur (C.G.) 5 - District Education Officer And Member Secretary District Level Rationalization Committee Jashpur District Jashpur (C.G.) 6 - Block Education Officer Block Pathalgaon District Jashpur (C.G.) ... Respondent(s) 2 For Petitioner (s) : Shri Ajeet Kumar Yadav, Advocate. For State : Shri Suyash Dhar, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 20.06. 202 5 1. By way of this writ petition, the petitioner(s) is/are challenging the impugned transfer order and action of the respondents whereby the petitioner(s) have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner(s) 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(s) and if the petitioner(s) 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. He would further submit that if the petitioner(s) 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 petitioner(s) are directed to make fresh representation before the concerned 3 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 petitioner(s) 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 respective petitioner(s), the impugned transfer order issued under Rationalization Instructions, so far as petitioner(s) 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 inder