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2025 DAILYLAW 29557 (CHH)

MANOJ KUMAR ROHNI v. STATE OF CHHATTISGARH

WPS/6110/2025 · 2025-06-24

Shri Ravindra Kumar Agrawal

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Judgment text

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2025:CGHC:27838 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6110 of 2025 Manoj Kumar Rohni S/o Shri Suresh Kumar Rohni Aged About 42 Years Occupation - Lecturer (Chemistry), Government Higher Secondary School Lalpur Block Gourela, Distt. Gourela- Pendra - Marvahi (Gpm) (C.G.). --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nava Raipur,district - Raipur (C.G.). 2 - The Director Public Instruction Department, Indrawati Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nawa Raipur, District - Raipur (C.G.). 3 - The Divisional Joint Director Public Instruction, Division Durg, Distt. Durg (Cg) 4 - The Collector/ President District Rationalization Committee Distt. Gourela Pendra - Marvahi (Gpm) (Cg). 5 - The District Education Officer Distt. Gourela - Pendra - Marvahi (Gpm) (Cg). 6 - The Block Education Officer Gourela Distt. Gourela - Pendra - Marvahi (Gpm) (Cg). --- Respondent(s) WPS No. 6130 of 2025 Dharmendra Kumar Deshmukh S/o Late Shri Gulaliram Deshmukh Aged About 60 Years Occupation - Teacher (Lb) (Arts), Government Middle School Ghasidas Nagar Block Durg Distt. Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh 2 - The Director Public Instruction Department, Indrawati Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nawa Raipur, District - Raipur Chhattisgarh 3 - The Divisional Joint Director Public Instruction, Division Durg, Distt. Durg Chhattisgarh 4 - The District Education Officer Durg, Distt. Durg Chhattisgarh 5 - The Block Education Officer Durg, Distt. Durg Chhattisgarh --- Respondent(s) Wps 6110 of 2025 and other cases 2 (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Vipin Tiwari, Advocate For Respondents/State : Ms Smita Jha, PL, and Shri Khulesh Sahu, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 25.06.2025 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 Teachers 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 is 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 orders are 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. It is further submitted that if the petitioners are having any grievance, they may move fresh representation before the concerned Divisional Rationalization Committee, and the Committee will take decision on the 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 Divisional Wps 6110 of 2025 and other cases 3 Rationalization Committee within a period of five days from today, and appear before the said Committee on 1st July, 2025. Thereafter, the Divisional Rationalization Committee shall decide the representation of the petitioners within seven days from the date of receipt of representation in accordance with law, in objective manner. Till decision on the representation is communicated to the petitioners, the impugned transfer order issued under Teacher Rationalization Instructions, so far as the petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma