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2025 DAILYLAW 31012 (CHH)

MOTILAL SIDAR v. STATE OF CHHATTISGARH

WPS/6617/2025 · 2025-06-26

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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2025:CGHC:28404 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5398 of 2025 Nand Kumar Sabar S/o Shri Duryodhan Sabar Aged About 55 Years Presently Working As Lecturer At Govt. High Secondary School, Pusaur, Block - Pusaur, District - Raigarh (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 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - The Joint Director Education Department Bilaspur, District - Bilaspur (C.G.) 4 - The Collector Raigarh, District - Raigarh (C.G.) 5 - The District Education Officer Raigarh, District - Raigarh (C.G.) --- Respondent(s) WPS No. 6617 of 2025 Motilal Sidar S/o Shri Saukhi Lal Sidar Aged About 44 Years Presently Working As Teacheer (L.B.) At Govt. Middle School Kondpali Block Pusor District - Raigarh (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.) 2 - The Director Directorate Of Public Instruction Indrawati Bhawan Atal Nagar Naya Raipur District - Raipur (C.G.) 3 - The Joint Director Education Division Raigarh District - Raigarh (C.G.) 4 - The Collector Raigarh District - Raigarh (C.G.) 5 - The District Education Officer Raigarh District - Raigarh (C.G.) --- Respondent(s) Digitally signed by V PADMAVATHI Date: 2025.06.28 10:27:17 +0530 Wps 5398 of 2025 and connected cases 2 WPS No. 6048 of 2025 Smt. Anju Lata Tirkey W/o Shri Manish Tirkey Aged About 41 Years Presently Working As Lecturer (L.B.), At Govt. Hr. S. School, Lamgaon, Block Lundra, District Surguja Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 - The Director Directorate Of Public Instruction, Indravati Bhawan, Atal Nagar Naya Raipur District Raipur Chhattisgarh 3 - The Joint Director Education Division Raipur District Raipur Chhattisgarh 4 - The Collector Sarguja District Sarguja Chhattisgarh 5 - The District Education Officer Sarguja District Sarguja Chhattisgarh 6 - The Blodk Education Officer Lundra, District Sarguja Chhattisgarh ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Mukesh Kumar Kaushik and Shri Kaushal Yadav, Advocates For Respondents/State : Shri SP Kale, Additional AG, 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 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 orders are liable to be set aside. Wps 5398 of 2025 and connected cases 3 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. 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. 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma