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2025 DAILYLAW 29361 (CHH)

SANTOSH KUMAR MANDAL v. THE STATE OF CHHATTISGARH

WPS/6743/2025 · 2025-06-30

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:29378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6743 of 2025 1 - Santosh Kumar Mandal S/o Late Siryu Mandal Aged About 47 Years Upper Division Teacher, Government Girls Middle School, Patna, Post And Tahsil Patna, District Koriya (Baikunthpur) (C.G.) --- Petitioner versus 1 - The State of Chhattisgarh Through Secretary Department of School Education Mantralaya Mahanadi Bhawan Raipur (C.G.) 2 - The Director Of Public Instruction Directorate Indrawati Bhawan, New Raipur (C.G.) 3 - The Collector District Koriya (Baikunthpur), C.G. 4 - The District Education Officer Distt. Koriya (Baikunthpur) (C.G.) 5 - The Block Education Officer (Baikunthpur), District Koriya (C.G.) --- Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ashok Kumar Shukla, Advocate. For State-Respondents : Ms. Smita Jha, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 01-07-2025 1. The petitioner has filed the present writ petition seeking following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to issue a writ of Mandamus, Certiorari or of like nature to quash the impugned order dated 04/06/2025 (Annexure P/1) as well as the decision of treating the petitioner as surplus with further direction to allow the petitioner to continue at the present place of posting i.e. Government Girls Middle School, Patna District Koriya, (C.G.). 10.2 That, a writ/command/direction may kindly be issued to the Digitally signed by MOHAMMAD AADIL KHAN 2 respondent authorities to consider and decide the representation/objection of the petitioner in an objective manner by speaking order within stipulated period strictly in accordance with the Rationalization Policy. 10.3 That, a command/direction may kindly be issued to the respondents to call for the entire records pertaining to the case of the petitioner for the kind perusal and proper adjudication of the matter. 10.4 That, any other relief which is deemed fit and proper under the present facts and circumstances may also be granted to the petitioner along-with cost of the petition.” 2. Learned counsel for the petitioner would submit that the transfer order under the Rationalization Instructions dated 02-08-2024 has not been issued to the petitioner, though he has been declared as surplus vide order dated 04-06- 2025 and therefore, the petitioner wants to pursue his representation which has already been made before respondent authority. 3. The submission made by learned counsel for the petitioner is not opposed by the learned counsel for the State that they have no objection if such direction is issued to consider the representation of the petitioner to the respondent authorities in accordance with law. 4. On due consideration on the submission made by learned counsel for the petitioner the present writ petition is disposed of with direction that the petitioner may file fresh representation within five days before respondent No.4 and the respondent No.4/the District Education Officer shall consider the same in accordance with law on its own merits within a further period of five days from the date of receipt of representation of the petitioner. 5. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadi