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2025 DAILYLAW 29488 (CHH)

RAMAKANT PANDEY v. STATE OF CHHATTISGARH

WPS/5782/2025 · 2025-06-22

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:26656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5689 of 2025 1 - Santosh Kumar Rawte S/o Late Lala Ram Rawte Aged About 44 Years Working As Teacher (L.B.) At Govt. Middle School, Khallari No.-2, District Balod, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 2 - The Collector Balod, District Balod, Chhattisgarh. 3 - Joint Director Education Division Durg, District Durg, Chhattisgarh. 4 - The District Education Officer Balod, District : Balod, Chhattisgarh 5 - Shri D. P. Bhuarya Working As Teacher (L.B.) At Govt. Middle School, Khallari, No. 2, District Balod, Chhattisgarh. --- Respondent(s) SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.24 10:06:55 +0530 2 WPS No. 5805 of 2025 1 - Khuman Singh Verma S/o Shri T.R. Verma Aged About 39 Years Working As Assistant Teacher (L.B.) At Govt. Primary School, Nawapara Dhavai, District - Balodabazar - Bhatapara (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District - Raipur. (C.G.) 2 - The Collector District - Balodabazar-Bhatapara (C.G.) 3 - The District Education Officer District - Balodabazar - Bhatapara (C.G.) --- Respondent(s) WPS No. 5782 of 2025 1 - Ramakant Pandey S/o Shri M. P. Pandey Aged About 61 Years Working As Lecturer At Govt. Girls Higher Secondary School, Lohandiguda, District Baster At Jagdalpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 2 - Director Chhattisgarh Public Instruction, Indrawati Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 - Dy. Director Chhattisgarh Public Instruction, Indrawati Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Somkant Verma, Advocate For Respondent(s) : Mr. Ajit Singh, Govt. Advocate Mr. Sabyasachi Choubey, P.L 3 Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/06/2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioners would submit that list of surplus Teachers published by the respondents are against the rationalization instructions, and the same is arbitrary as no proper opportunity of hearing was given to the petitioners, and if the petitioners are not granted interim relief, they will suffer with irreparable loss. Therefore, the impugned order is liable to be set aside. 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. Learned State counsel would further submit that if the petitioners are having any grievance, they may move fresh representation before the concerned District 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 petitioners are directed to make fresh representation before the concerned District Rationalization Committee within a period of 05 4 days from today, and appear before the said Committee on 30th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner within 07 days from the date of receipt of representation in accordance with law, in objective manner. Till decision on the representation is communicated to the petitioner, the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioner is concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika