Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 30127 (CHH)

KALAM PRASAD v. THE STATE OF CHHATTISGARH

WPS/6094/2025 · 2025-06-24

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:27830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6094 of 2025 1 - Kalam Prasad S/o Shri Nohar Sai Aged About 36 Years Posted As Assistant Teacher At Government Primary School, Akhorakhurd, 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, Nava Raipur, District Raipur (C.G.) 3 - Joint Director Education Division, Ambikapur District Sarguja (C.G.) 4 - Collector Balrampur, District Balrampur- Ramanujganj (C.G.) 5 - District Education Officer Balrampur, Distt Balrampur- Ramanujganj (C.G.) 6 - Block Education Officer Rajpur, District Balrampur- Ramanujganj (C.G.) --- Respondent(s) WPS No. 6203 of 2025 1 - Shashikant Ekka S/o Shri Dhanmasih Ekka Aged About 40 Years Posted As Assistant Teacher At Government Primary School, Mandaridand, Block Rajpur, District - Balrampur-Ramanujganj Chhattisgarh ---Petitioner(s) SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.26 10:40:03 +0530 2 Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 3 - Joint Director Education Division, Ambikapur District Sarguja Chhattisgarh 4 - Collector Balrampur, District Balrampur-Ramanujganj Chhattisgarh 5 - District Education Officer Balrampur, District Balrampur-Ramanujganj Chhattisgarh 6 - Block Education Officer Rajpur, District Balrampur-Ramanujganj Chhattisgarh --- Respondent(s) WPS No. 6196 of 2025 1 - Tilochan Ram Rajwade S/o Shri Mohar Lal Rajwade Aged About 40 Years Posted As Assistant Teacher At Government Primary School, Khokhaniyan, 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, Nava Raipur, District Raipur (C.G.) 3 - Joint Director, Education Division Ambikapur, Distruct Sarguja C.G. 4 - Collector, Balrampur, District Balrampur-Ramanujganj C.G. 5 - District Education Officer, Balrampur, District Balrampur-Ramanujganj C.G. 3 6 - Block Education Officer, Rajpur, District Balrampur-Ramanujganj C.G. --- Respondent(s) WPS No. 6138 of 2025 1 - Philip Ekka S/o Shri Pius Ekka Aged About 38 Years Posted As Assistant Teacher At Government Primary School, Toni, 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, Nava 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.) --- Respondent(s) For Petitioner(s) : Mr. Ram Vifal Ram Rajwade, Advocate For Respondent(s) : Mr. Sabyasachi Choubey, Panel Lawyer Mr. Shreyansh Mehta, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 25/06/2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order and action of the respondents whereby the 4 petitioners have been declared surplus Teacher 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 are 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 District 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 District 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 petitioner 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 petitioner, the impugned 5 transfer order issued under Teacher Rationalization Instructions, so far as petitioner is concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge sagrika