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2025 DAILYLAW 30177 (CHH)

HIRALAL DEWANGAN v. STATE OF CHHATTISGARH

WPS/6236/2025 · 2025-06-25

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:28033 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6236 of 2025 1 - Hiralal Dewangan S/o Late Shri Dayanidhi Dewangan Aged About 42 Years Working As Teacher (L.B.) At Govt. Middle School, Kongalguda, Block - Baster, District - Jagdalpur At Baster Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, School Education Department, Ma- hanadi Bhawan, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2 - The Collector Jagdalpur, Distt. - Jagdalpur At Baster Chhattisgarh 3 - Joint Director Education Division, Jagdalpur District - Jagdalpur At Baster Chhat- tisgarh. 4 - The District Education Officer Jagdalpur, District - Jagdalpur At Baster Chhattis- garh ... Respondent(s) For Petitioner (s) : Shri Somkant Verma, Advocate. For State : Shri Sabyasachi Choubey, Panel Lawyer. Hon ’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 26.06.2025 1 By way of this writ petition, the petitioner(s) is/are challenging the impugned transfer order and action of the respondents whereby the petitioner(s) have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2 Learned counsel for the petitioner(s) 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 peti- 2 tioner(s) and if the petitioner(s) 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 instruc- tions issued by the State Government. He would further submit that if the peti- tioner(s) are having any grievance, they may move fresh representation before the concerned District/Divisional Rationalization Committee and the Commit- tee 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 doc- uments. 5 In view of submissions made by learned counsel for the parties, the petitioner(s) are directed to make fresh representation 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 in accordance with law in objective manner. Till representation of petitioner(s) are decided, there shall be status quo as it exists today so far as transfer of present peti- tioner(s) is concerned. 6 With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge inder