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2025 DAILYLAW 29097 (CHH)

SAMAY DAS v. STATE OF CHHATTISGARH

WPS/5419/2025 · 2025-06-19

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5419 of 2025 1 - Samay Das S/o Khorbahra Ram Aged About 36 Years Lecturer Commerce (E-Cadre), Swami Atmanand Higher Secondary English Medium School - Utai, Distt.- Durg (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Director Directorate Of Public Instruction, First Floor, Block- C, Indravati Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - Joint Director Education Division - Durg, Distt.- Durg (C.G.) 4 - Collector Durg, Distt.- Durg (C.G.) 5 - District Education Officer Durg, District- Durg (C.G.) 6 - Block Education Officer Patan, Distt.- Durg (C.G.) --- Respondent(s) WPS No. 5535 of 2025 1 - Smt. Purnima Khutele W/o Anil Kumar Aged About 42 Years Teacher Science (E-Cadre), Govt. Middle School- Adarsh Kanya, Durg, Block- Durg, Distt. Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.21 11:56:45 +0530 2 2 - Director Directorate Of Public Instruction, First Floor, Block- C, Indravati Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - Joint Director Education Division- Durg, Distt. Durg (C.G.) 4 - Collector Durg, Distt. Durg (C.G.) 5 - District Education Officer Durg, Distt. Durg (C.G.) 6 - Block Education Officer Durg, Distt. Durg (C.G.) --- Respondent(s) WPS No. 5488 of 2025 1 - Smt. Chitralekha Gautam W/o Madhusudan Gautam Aged About 49 Years Teacher Arts (E-Cadre), Govt. Middle School - Adarsh Kanya, Durg, Block- Durg, Distt.- Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Director Directorate Of Public Instruction, First Floor, Block - C, Indravati Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - Joint Director Education Division - Durg, Distt.- Durg (C.G.) 4 - Collector Durg, Distt.- Durg (C.G.) 5 - District Education Officer Durg, Distt.- Durg (C.G.) 6 - Block Education Officer Durg, Distt.- Durg (C.G.) --- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Shrawan Agrawal, Advocate For Respondent(s)/State : Mr. Akhilesh Kumar, Govt. Advocate Mr. Sabyasachi Choubey, Panel Lawyer Mr. Shreyansh Mehta, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 3 20/06/2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer orders 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 05 days from today, and appear before the said Committee on 26th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners within 07 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. 4 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge ved