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2025 DAILYLAW 29935 (CHH)

UPASANA PATHAK OJHA v. STATE OF CHHATTISGARH

WPS/6523/2025 · 2025-06-26

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:28511 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6523 of 2025 1 - Upasana Pathak Ojha W/o Anil Kumar Ojha Aged About 46 Years Presently Posted As Lecturer Chemistry) Nawapara,kartala, Kroba District - Korba R/o C-2, Officer Colony Secl Korba District - Korba (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary School Education Government Of Chhattisgarh Mantralaya Nawa Raipur District - Raipur (C.G.) 2 - Director Directorate Of Public Instructions Indiravati Bhawan, Nawa Raipur District- Raipur (C.G.) 3 - Commissioner Division Bilaspur District - Bilaspur (C.G.) 4 - Collector Korba District - Korba (C.G.) 5 - Collector Sukma District- Sukma (C.G.) 6 - District Education Officer District - Korba (C.G.) 7 - District Education Officer District - Sukma (C.G.) 8 - Block Education Officer Chindhgarh District - Sukma (C.G.) 9 - Block Education Officer Kartala District - Korba (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rohit Sharma, Advocate. For State-Respondents : Mr. Mayur Khandelwal, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 27-06-2025 1. By way of this writ petition, the petitioner(s) is/are challenging the impugned transfer order(s) and action of the respondents whereby the Digitally signed by MOHAMMAD AADIL KHAN 2 petitioner(s) has/have been declared surplus Teacher(s) and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner(s) would submit that the petitioner has not joined at his 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 petitioner(s) and if the petitioner(s) is/are not granted interim relief, he/she/they will suffer with irreparable loss. Therefore, the impugned order(s) is/are liable to be set aside. 3. Learned counsel for the State would submit that after due verification of records the petitioner(s) has/have been transferred under the rationalization instructions issued by the State Government. It is further submitted that if the petitioner(s) is/are having any grievance, he/she/they may move fresh representation before the concerned District/Divisional Rationalization Committee and the Committee will take a decision on his/her/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 petitioner(s) is/are directed to make fresh representation(s) 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(s) in accordance with law in objective manner. Till representation(s) of petitioner(s) is/are decided, there shall be status 3 quo as it exists today so far as transfer of present petitioner(s) is/are concerned. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil