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2025 DAILYLAW 29339 (CHH)

ANJU NIGAM v. STATE OF CHHATTISGARH

WPS/5793/2025 · 2025-07-03

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:30760 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5793 of 2025 1 - Anju Nigam W/o Sushil Kumar Nigam Aged About 52 Years Presently Posted As Lecturer (L.B.) At Govt. Higher Secondary School, Jainagar, District Surajpur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur, Disrict Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction, Naya Raipur, Atal Nagar District Raipur Chhattisgarh. 3 - Divisional Joint Director Sarguja Division, Sarguja, District Sarguja Chhattisgarh 4 - Collector, Surajpur, District Surajpur Chhattisgarh. 5 - District Education Officer, Surajpur, District Surajpur Chhattisgarh. ... Respondent(s) For Petitioner (s) : Shri Mateen Siddiqui, Advocate. For State : Shri Mayur Khandelwal, Panel Lawyer. Hon ’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 04 .0 7 .2025 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 Digitally signed by INDRAJEET SAHU Date: 2025.07.07 10:33:46 +0530 2 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 as the petitioner has not joined the transferred place of posting. 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/Divisional 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) is directed to make a fresh representation 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 in accordance with law in objective manner. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge inder