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2025 DAILYLAW 29208 (CHH)

MAMTA TIWARI v. STATE OF CHHATTISGARH

WPS/6331/2025 · 2025-06-25

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:28007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6331 of 2025 1 - Mamta Tiwari W/o Shri Avinash Tiwari Aged About 45 Years R/o Behind Rajat Prime Building, Baradia Vihar, Amlidih, District- Raipur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Govt. Of Chhattisgarh, Mahanadi Bhavan, Atal Nagar, Nava Raipur, Chhattisgarh 2 - The Director Directorate Of School Education, Government Of Chhattisgarh, Indrawati Bhavan, Atal Nagar, Nava Raipur, Chhattisgarh 3 - The Collector Raipur, District- Raipur (C.G.) 4 - The Chief Executive Officer District Panchayat- Raipur, District- Raipur, Chhattisgarh 5 - The District Education Officer And The Secretary District Yukiuktkaran Samiti, District- Raipur (C.G.) 6 - The Block Education Officer Block- Dharsiwa, District- Raipur (C.G.) 7 - The Director Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Sharad Mishra, Advocate For Respondent(s)/State : Mr. Ajit Singh, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.27 17:55:48 +0530 2 26/06/2025 1. By way of this writ petition, the petitioner(s) is/are challenging the impugned transfer order(s) and action of the respondents whereby the petitioner(s) has/have been declared surplus Teacher(s) 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) is/are not granted interim relief, he/she/they will suffer with irreparable loss. Therefore, the impugned order(s) is/are liable to be set aside. 3. Learned counsel for the State would submit that after due verification of records the petitioner(s) has/have been transferred under the rationalization instructions issued by the State Government. It is further submitted that if the petitioner(s) is/are having any grievance, he/she/they may move fresh representation before the concerned District/Divisional Rationalization Committee and the Committee will take a decision on his/her/their representation(s), 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) is/are directed to make fresh representation(s) before the 3 concerned District/Divisional Rationalization Committee within a period of 05 days from today and thereafter the Committee shall decide the same within a further period of 05 days from the date of receipt of representation(s), in accordance with law, in objective manner. Till representation(s) of petitioner(s) is/are decided, there shall be status quo as it exists today so far as transfer of present petitioner(s) is/are concerned. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil