Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:31555
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7332 of 2025 1 - Mrs. Varsha Dalmiya W/o Sumit Dalmiya, Aged About 44 Years R/o Kabir Nagar Raipur C.G.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Atal Nagar, New Raipur, District Raipur C.G. 2 - The Director Directorate Of Public Instructions, Indiravati Bhawan, Atal Nagar, New Raipur, District Raipur C.G. 3 - The Collector Raipur, District Raipur C.G. 4 - The District Education Officer Durg C.G.
... Respondent(s) For Petitioner(s) : Mr. Gourav Singhal, Advocate For Respondent(s) : Mr. Mayur Khandelwal, Panel Lawyer Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board 09/07/2025
1. The petitioner has challenged the impugned order dated 02.06.2025 (Annexure-P/1) and claimed the following relief:-
“10.1 That this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby setting aside/ quashing the impugned order dated 02.06.2025 (Annexure-P/1) and SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.07.11 10:51:01 +0530
2 further be pleased to direct the respondent authorities to issue order in favour of petitioner. 10.2 That any other relief/ order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”
2. Learned counsel for the petitioner would submit that the petitioner is working as Teacher (LB) and is posted at Govt. Middle School, Kabirnagar, Dist- Raipur. She was called for counseling on 02.06.2025 under the rationalization instructions dated 02.08.2024 by declaring her as surplus teacher there. She appeared in the counseling on 02.06.2025 but no order has been passed till date regarding her posting, despite declaring her as surplus teacher, therefore, the impugned order dated 02.06.2025 may be quashed. 3. On the other hand, learned counsel for the respondent/ State would submit that though the petitioner has been declared as surplus teacher at Govt. Middle School, Kabirnagar, Dist- Raipur and she had appeared in counseling but no order has been passed by the authorities with respect to her posting and she is still there at Govt. Middle School, Kabirnagar, and there is no cause of action arose in her favour to challenge the said notice calling her for appearance in the counseling proceeding, as the same has already been complied with and the petitioner had already appeared in counseling. 4.
I have heard learned counsel for the parties and perused the material annexed with the petition. 5. From perusal of the order dated 02.06.2025 (Annexure-P/1), it appears that it is only a notice issued to the petitioner for her appearance in the counseling which was held on 04.06.2025. As per the submission of the petitioner herself that she appeared in the counseling on the fixed date and place, but till date, no order has been passed with respect to her posting. No any document annexed with the petition which shows that the petitioner has been transferred to any other place than her present place of posting. Since, no order has been passed against the petitioner
3 transferring her to any other place, and the order dated 02.06.2025 has already been complied with and the petitioner had appeared in the counseling proceeding on 04.06.2025, no cause of action at present arose in favour of the petitioner to challenge the impugned order dated 02.06.2025 as there is no prejudice is caused to the petitioner by the order dated 02.06.2025. 6. Accordingly, the present writ petition is liable to be and hereby dismissed. Sd/-
(Ravindra Kumar Agrawal)
Judge
sagrika