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2025 DAILYLAW 29670 (CHH)

VIJAY KUMAR v. STATE OF CHHATTISGARH

WPS/6590/2025 · 2025-06-26

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:28424 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6005 of 2025 1 - Smt. Indira Sahu W/o Late Shri Ved Prakash Banpela Aged About 53 Years Working As Teacher (Lb) At Government Middle School Chhipali, Block Nagri, District : Dhamtari, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education Mantralaya, Mahanadi Bhawan Atal Nagar Nawa Raipur, District Raipur Chhattisgarh 2 - Joint Director Education Division Raipur, Pension Bada Raipur, Chhattisgarh 3 - Collector Dhamtari, District : Dhamtari, Chhattisgarh 4 - District Education Officer Dhamtari, District : Dhamtari, Chhattisgarh --- Respondent(s) WPS No. 6593 of 2025 1 - Vijay Kumar Yadav S/o Shri Parmeshwar Ram Yadav Aged About 45 Years Assistant Teacher (L.B.) Govt. P.S. Atapath Jashpur Nagar, District Jashpur, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya New Raipur, District Raipur, Chhattisgarh. 2 - District Education Officer Jashpur, District : Jashpur, Chhattisgarh --- Respondent(s) WPS No. 6590 of 2025 1 - Vijay Kumar S/o Late Shri Radhika Prasad Shrivastava Aged About 48 Years Assistant Teacher T L B Government P.S Silsila T, Block Lundra Sarguja District Sarguja (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya New Raipur, District Raipur (C.G.) 2 - District Education Officer Sarguja District Sarguja (C.G.) --- Respondent(s) WPS No. 6570 of 2025 1 - Dilip Kumar Tigga S/o Shri Blasius Tigga Aged About 40 Years Posted As Teacher (Lb) Govt. M.S. Tumapal Block Antagarh District Uttar Bastar Kanker Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya New Raipur District Raipur Chhattisgarh 2 - Joint Director, Education Division Bastar District Jagdalpur Chhattisgarh 3 - Collector, Kanker, District Kanker Chhattisgarh 2 4 - District Education Officer, Kanker, District Kanker Chhattisgarh 5 - Block Education Officer, Antagarh District Kanker Chhattisgarh --- Respondent(s) WPS No. 6551 of 2025 1 - Rakesh Kumar Tiwari S/o Shri Sheo Kumar Tiwari Aged About 58 Years Working As Teacher (Lb) And Posted At Govt Middle School Changorabhata Raipur District Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur (C.G.) 2 - District Education Officer Raipur District Raipur (C.G.) --- Respondent(s) WPS No. 6032 of 2025 1 - Smt. Thaneshwari Sahu W/o Shri Chandrashekhar Sahu Aged About 38 Years Working As Teacher (Lb) R/o Sun City Phase Ii, Kurud, Near Tahsil Office, District Dhamtari (C.G.) ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education Of School Education Mantralaya, Mahanadi Bhawan Atal Nagar, New Raipur, District Raipur (C.G.) 2 - Collector Dhamtari, District Dhamtari (C.G.) 3 - District Education Officer Dhamtari, District Dhamtari (C.G.) --- Respondent(s) WPS No. 5947 of 2025 1 - Skandh Kumar Dhruw S/o Shri Jainand Singh Dhruw Aged About 47 Years Working As Teacher (Lb) At Government Middle School Chamenda (K) Block Nagri, District Dhamtari Chhatttisgarh ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - Joint Director Education Division Raipur, Pension Bada Raipur Chhattisgarh 3 - Collector Dhamtari, District Dhamtari Chhattisgarh 4 - District Education Officer Dhamtari, District Dhamtari Chhattisgarh --- Respondent(s) For Petitioner (s) : Shri Ajay Shrivastava, Advocate. For State : Shri Akhilesh Kumar, Govt. Advocate and Shri Khulesh Kumar Sahu, Panel Lawyer. Hon ’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 27.06.2025 1. By way of these writ petitions, 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. 3 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 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 petitioners have 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) are directed to make 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. Till representation of petitioner(s) are decided, there shall be status quo as it exists today so far as transfer of present petitioner(s) is concerned. 6. With the aforesaid observation and direction, these writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge inder