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2025 DAILYLAW 30480 (CHH)

TIKESHWAR PRASAD SAHU v. STATE OF CHHATTISGARH

WPS/6393/2025 · 2025-06-30

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:29359 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6381 of 2025 1 - Ramswaroop Sahu S/o Hemlal Sahu Aged About 55 Years Presently Posted As Assistant Teacher (L.B.) At Government N.P.S. Dihpara Banari, Block - Nawagarh, District Janjgir-Champa (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 3 - Joint Director Education Division Bilaspur (C.G.) 4 - Collector And Chairman District Level Rationalization Committee, District Janjgir-Champa (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District Janjgir-Champa (C.G.) 6 - Block Education Officer Nawagarh, District Janjgir-Champa (C.G.) --- Respondent(s) WPS No. 6750 of 2025 1 - Duleshwari Kothari W/o Shanker Lal Kothari Aged About 36 Years Presently Posted As Teacher (Lb) At Government Middle School Ghotiya, Block- Bhanupratappur, District- Kanker (C.G.) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.07.01 18:08:44 +0530 2 2 - Itwarin Arkara W/o Dileep Arkara Aged About 50 Years Presently Posted As Teacher (Lb) At Government Middle School Musurputta, Block- Narharpur, District- Kanker (C.G.) 3 - Sudarshan Netam S/o Thakur Singh Netam Aged About 43 Years Presently Posted As Teacher (Lb) At Government U.P.S Mandabharri, Block- Narharpur, District- Kanker (C.G.) 4 - Yashoda Dugga W/o Rudrapratap Dugga Aged About 43 Years Presently Posted As Teacher (Lb) At Government Middle School Chihro, Block- Durgukondal, District- Kanker (C.G.) 5 - Hukum Lal Patel S/o Dinesh Ram Patel Aged About 53 Years Presently Posted As Teacher (Lb) At Government Middle School Kapsi, Block- Kanker, District- Kanker (C.G.) 6 - Chandrajit Koreti S/o Abhi Ram Koreti Aged About 46 Years Presently Posted As Teacher (Lb) At Government Middle School Banskund, Block- Bhanupratappur, District- Kanker (C.G.) 7 - Pawan Lal Kamro S/o Hira Singh Kamro Aged About 44 Years Presently Posted As Teacher (Lb) At Government Middle School Gudum, Block- Durgukondal, District- Kanker (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 3 - Joint Director Education Division Bastar (C.G.) 4 - Collector And Chairman District Level Rationalization Committee, District- Kanker (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District Kanker (C.G.) 3 6 - Block Education Officer Block Bhanupratappur, District- Kanker (C.G.) 7 - Block Education Officer Block Durgukondal, District- Kanker (C.G.) 8 - Block Education Officer Block Kanker, District- Kanker (C.G.) --- Respondent(s) WPS No. 6393 of 2025 1 - Tikeshwar Prasad Sahu S/o Ghanshyam Prasad Sahu Aged About 34 Years Presently Posted As Teacher (L.B.) At Government U.P.S. Kamela, Block - Kondagaon, District Kondagon (C.G.) 2 - Saurabh Dewangan S/o Jhadu Ram Dewangan Aged About 37 Years Presently Posted As Teacher (L.B.) At Government U.P.S. Jamkot Para Masora, Block - Kondagaon, District Kondagaon (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 2 - Director Directorate Of Loc Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 3 - Joint Director Education Division, Bastar (C.G.) 4 - Collector And Chairman District Level Rationalization Committee, District Kondagaon (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District Kondagaon (C.G.) 6 - Block Education Officer Kondagaon, District North Bastar Kondagaon (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Pramod Ramteke, Advocate. For Respondent(s) : Mr. Suyashdhar Badgaiya, Dy. Govt. Advocate, Ms. Smita Jha, Panel Lawyer & Mr. Shreyansh Mehta, Panel Lawyer. 4 Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 01/072025 1. By way of these writ petitions, 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 petitioners have not joined at their transferred place. It is further submitted 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 relief, they will suffer with irreparable loss. Learned counsel for the petitioners would further submit that the petitioners still want to pursue their representation before the concerned authorities to redress their grievances. 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 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 5. In view of submissions made by learned counsel for the parties, the petitioners are directed to make fresh representation before the concerned District/Divisional Rationalization Committee within a period of 05 days from today, and thereafter, the Committee shall decide the same within a further period of 05 days from the date of receipt of representation, in accordance with law, in objective manner. 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. SSd/-d/- (Ravindra Kumar Agrawal) Judge Alok