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2025 DAILYLAW 30076 (CHH)

SANJAY KUMAR v. STATE OF CHHATTISGARH

WPS/6482/2025 · 2025-06-26

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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2025:CGHC:28467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6482 of 2025 Sanjay Kumar S/o Shri Krishna, Aged About 43 Years Presently Working As Assistant Teacher At Govt. Primary School Bhandhpara Dandkhaduva (Kotagahna) Block Rajpur District - Balrampur - Ramanujganj (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan Atal Nagar Naya Raipur District - Raipur (C.G.) 3 - Joint Director Education Division Ambikapur District - Surguja (C.G.) 4 - Collector District Balrampur - Ramanujganj (C.G.) 5 - District Education Office Balrampur - Ramanujganj District - Balrampur - Ramanujganj (C.G.) 6 - Block Education Officer Rajpur District - Balrampur - Ramanujganj (C.G.) --- Respondent(s) WPS No. 6534 of 2025 Laxmi Toppo S/o Shri Chamarsai Aged About 37 Years Posted As Assistant Teacher At Govt. Primary School Uliya Block Rajpur District - Balrampur - Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through The Secretary Department Of School Education Mantralaya Mahanadi Bhawan Atal Nagar New Raipur District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan Atal Nagar Nawa Raipur District - Raipur (C.G.) 3 - Joint Director Education Division Ambikapur District - Surguja (C.G.) 4 - Collector Balrampur District - Balrampur - Ramanujganj (C.G.) 5 - District Education Officer Balrampur District - Balrampur - Ramanujganj (C.G.) 6 - Block Education Officer Rajpur District - Balrampur - Ramanujganj (C.G.) ...Respondents Digitally signed by V PADMAVATHI Date: 2025.06.28 10:25:50 +0530 Wps 6482 & 6534 of 2025 2 (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Ram Vifal Ram Rajwade, Advocate For Respondents/State : Shri Suyash Dhar Badgayya, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 27.06.2025 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 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. Learned counsel would further submit that the petitioners have not joined in their transferred place of posting till date. 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 representations in accordance with law within a stipulated period. 4. I have heard learned counsel for the parties and perused the pleadings and documents. Wps 6482 & 6534 of 2025 3 5. In view of submissions made by learned counsel for the parties, the petitioners are directed to make fresh representations 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 representations in accordance with law in objective manner. Till representations of the 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 padma