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2025 DAILYLAW 29865 (CHH)

JAYANT KUMAR RATHIYA v. STATE OF CHHATTISGARH

WPS/5919/2025 · 2025-06-26

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:28408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5851 of 2025 1 - Smt. Sangeeta Minj W/o Rajkumaar Aged About 37 Years Posted As Teacher (L.B.) At Government Middle School Parsapani, Block - Rajpur, District Balrampur- Ramanujganj (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh 2 - Director Directorate Of Public Instructions (D.P.I.), Through Its Director, Indravati Bhavan, Naya Raipur, District - Raipur, Chhattisgarh 3 - Joint Director Education Division Surguja, Chhattisgarh 4 - District Education Officer District Balrampur-Ramanujganj (C.G.) 5 - Collector District Balrampur-Ramanujganj (C.G.) ... Respondents 2025:CGHC:28414 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5919 of 2025 1 - Jayant Kumar Rathiya S/o Kartik Ram Rathiya Aged About 35 Years Posted As Assistant Teacher (L.B.) At Government Primary School Ghanapeepar, Block - Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Petitioner Digitally signed by MOHAMMAD AADIL KHAN 2 versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh 2 - Director Directorate Of Public Instructions (D.P.I.), Through Its Director, Indravati Bhavan, Naya Raipur, District - Raipur, Chhattisgarh 3 - Joint Director Division Bilaspur, Chhattisgarh 4 - District Education Officer District Sarangarh-Bilaigarh (C.G.) 5 - Collector District Sarangarh-Bilaigarh (C.G.) ... Respondents 2025:CGHC:28418 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5956 of 2025 1 - Sandhya Sahu W/o Shri Lochan Prasad Sahu Aged About 44 Years Posted As Assistant Teacher L.B., At Government Primary School, Paragaon, Block Arang, District Raipur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 2 - Directorate Of Public Instructions (D.P.I) Through Its Director, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 3 - Joint Director Division Raipur, Chhattisgarh 4 - Collector Raipur, District Raipur, Chhattisgarh. 5 - District Education Officer Raipur, District Raipur, Chhattisgarh. 6 - Notan Sahu Posted As Assistant Teacher L.B., At Government Primary School, Paragaon, Block Arang, District Raipur, Chhattisgarh. 7 - Rajesh Swarnkar Posted As Assistant Teacher L.B., At Government Primary School, Paragaon, Block Arang, District Raipur, Chhattisgarh . ... Respondents (Cause-title taken from Case Information System) 3 For Petitioners : Ms. Apoorva Pandey, Advocate. For State-Respondents : Mr. Santosh Bharat and Mr. Shreyansh Mehta and Ms. Smita Jha, Panel Lawyers. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 27-06-2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer orders 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 the petitioners have not joined at their transferred place. It is further submitted that the 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 District/Divisional Rationalization Committee and the Committee will take a decision on their representation(s) 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/Divisional Rationalization Committee within a period 4 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(s) in accordance with law in objective manner. Till representation of petitioners are decided, there shall be status quo as it exists today so far as transfer of present petitioners are concerned. 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil