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2025 DAILYLAW 29337 (CHH)

SMT. MALINI KAMDI v. STATE OF CHHATTISGARH

WPS/6453/2025 · 2025-06-26

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:28448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6453 of 2025 1 - Smt. Malini Kamdi W/o Shri Dhananjay Kamdi Aged About 41 Years Presently Posted As Lecturer (L.B.) At Government High School, Gondpara, Abhanpur, Block - Abhanpur, District - Raipur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 3 - Joint Director Education Division Raipur (C.G.) 4 - Collector And Chairman District Level Rationalization Committee, District - Raipur (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District - Raipur (C.G.) 6 - Block Education Officer Abhanpur, District - Raipur (C.G.) --- Respondent(s) WPS No. 6488 of 2025 1 - C. Madhukar S/o Shri C. Rajanna Aged About 51 Years Presently Posted As Teacher (Lb) At Girls Ashram School, Rudraram, Block Bhopalpatanam, District Bijapur Chhattisgarh 2 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh 2 - Director, Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh 3 - Joint Director, Education Division, Baster Chhattisgarh 4 - Collector And Chairman, District Level Rationalization Committee, District Bijapur Chhattisgarh 5 - District Education Officer And Secretary, District Level Rationalization Committee, District Bijapur Chhattisgarh 6 - Block Education Officer, Bhopalpatanam, District Bijapur Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Pramod Ramteke, Advocate For Respondent(s) : Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 27-06-2025 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. Learned counsel for the petitioner(s) further submit that the 3 petitioner(s) has/ have not joined in his/her/their transferred place of posting till date. 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 concerned District/Divisional Rationalization Committee within a period of five days from today and thereafter the Committee shall decide the same within a further period of five 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 sagrika