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2025 DAILYLAW 29402 (CHH)

HARI KUMAR PANDEY v. STATE OF CHHATTISGARH

WPS/7193/2025 · 2025-07-06

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:30825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7193 of 2025 1 - Hari Kumar Pandey S/o Shri G.P. Pandey Aged About 46 Years Occupation- Service, Presently Working And Posted As Assistant Teacher, Primary School Nagoi, Block- Belha District Bilaspur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Director Public Instruction Directorate First Floor, C-Block, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 3 - The Collector District Bilaspur (C.G.) 4 - The District Education Officer District Bilaspur (C.G) 5 - The Block Education Officer Block Belha District Bilaspur (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District Bilaspur (C.G.) 7 - Rajesh Kumar Gupta Occupation- Service, Working And Posted As Assistant Teacher, Primary School Nagoi, Block- Belha, Distt Bilaspur (C.G) ... Respondent(s) For Petitioner(s) : Ms. Anjana Banjare, Advocate For Respondent(s) : Mr. Khulesh Sahu, Panel Lawyer SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.07.08 11:05:24 +0530 2 Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 07/07/2025 1. By way of this writ petitions, the petitioner is challenging the impugned transfer order and action of the respondents, whereby the petitioner has been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner would submit that the petitioner has not joined at his transferred place. It is further submitted 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, and if the petitioner is not granted relief, he will suffer with irreparable loss. Learned counsel for the petitioner would further submit that the petitioner still want to pursue his representation before the concerned authorities to redress his grievances. 3. Learned counsel for the State would submit that after due verification of records, the petitioner has been transferred under the Rationalization Instructions issued by the State Government. It is further submitted that, if the petitioner is having any grievance, he may move fresh representation before the concerned District/Divisional Rationalization Committee and the Committee will take a decision on his representation, in accordance with law, within a stipulated period. 4. I have heard learned counsel for the parties and perused the pleadings and documents. 3 5. In view of submissions made by learned counsel for the parties, the petitioner is directed to make a fresh representation before the 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, in accordance with law, in objective manner. 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika