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2025 DAILYLAW 30065 (CHH)

RAJESH WASNIK v. STATE OF CHHATTISGARH

WPS/6170/2025 · 2025-06-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:27846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6123 of 2025 1 - Gajendra Kumar Yadav S/o Devendra Yadav Aged About 43 Years Teacher Maths (E-Cadre), Govt. Middle School- Karanja, Bhilai, Distt. Durg (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director, Directorate Of Public Instruction, First Floor, Block- C, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 3 - Joint Director, Education Division, Durg, Distt. Durg C.G. 4 - Collector, Durg, Distt. Durg C.G. 5 - District Education Officer, Durg, Distt. Durg C.G. --- Respondent(s) WPS No. 6170 of 2025 1 - Rajesh Wasnik S/o Raman Rao Wasnik Aged About 54 Years Teacher Arts (E- Cadre ) Govt. Middle School Titurdih No. 1 District - Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya Mahanadi Bhawan Atal Nagar Nawa Raipur District - Raipur (C.G.) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.25 19:15:09 +0530 2 2 - Director Directorate Of Public Instruction First Floor, Block - C, Indrawati Bhawan Naya Raipur District - Raipur (C.G.) 3 - Joint Director Education Division Durg District - Durg (C.G.) 4 - Collector Durg District - Durg (C.G.) 5 - District Education Officer Durg District - Durg (C.G.) --- Respondent(s) WPS No. 6165 of 2025 1 - Smt. Sarita Lahre W/o Sushil Kumar Lahre Aged About 48 Years Teacher Science (E-Cadre), Govt. Middle School Gayabai District Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattsgarh 2 - Director, Directorate Of Public Instruction, First Floor, Block C, Indravati Bhawan, Naya Raipur District Raipur Chhattisgarh 3 - Joint Director, Education Division Durg District Durg Chhattisgarh 4 - Collector Durg, District Durg Chhattisgarh 5 - District Education Officer, Durg, District Durg Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Shrawan Agrawal, Advocate. For Respondent(s) : Mr. Ajit Singh, Govt. Advocate, Mr. Akhilesh Kumar Govt. Advocate and Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 25/06/2025 3 1. By way of this writ petition, 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 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 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 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 petitioners are directed to make fresh representation before the concerned Divisional Rationalization Committee within a period of 05 days from today, and appear before the said Committee on 1st July, 2025. Thereafter, the Committee shall decide the representation of the 4 petitioners 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 petitioners, the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok