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2025 DAILYLAW 33709 (CHH)

LOW KUMAR KURRE v. STATE OF CHHATTISGARH

WPS/7546/2025 · 2025-07-09

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:31886 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7440 of 2025 1 - Moti Ram Kashyap S/o Risau Ram Kashyap Aged About 49 Years Presently Posted As Assistant Teacher L.B. At Government Primary School Parchapipara, Block- Charama, District- North Bastar Kanker, Chhattisgarh. --- Petitioner versus 1 - State of Chhattisgarh Through its Secretary, Department of School Education, Government of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh. 2 – Collector Collector Complex, District- North Bastar Kanker, Chhattisgarh. 3 - District Education Officer DEO Office, District- North Bastar Kanker, Chhattisgarh. 4 - Block Education Officer Block- Charam District- North Bastar Kanker, Chhattisgarh. 5 - Sub-Divisional Magistrate (Revenue) President of Block Level Committee, Block- Charama District- North Bastar, Kanker, Chhattisgarh. --- Respondents WPS No. 7546 of 2025 1 - Low Kumar Kurre S/o Ram Dayal Kurre Aged About 52 Years Presently Posted As Assistant Teacher L.B. At Government Primary School Bangabari, Block- Narharpur, District- North Bastar Kanker, Chhattisgarh. ---Petitioner Versus Digitally signed by MOHAMMAD AADIL KHAN 2 1 - State of Chhattisgarh Through its Secretary, Department of School Education, Government of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh. 2 - Collector Collector Complex, District- North Bastar Kanker, Chhattisgarh. 3 - District Education Officer DEO Office, District- North Bastar Kanker, Chhattisgarh. 4 - Block Education Officer Block - Narharpur, District- North Bastar Kanker, Chhattisgarh. 5 - Sub-Divisional Magistrate (Revenue) President Of Block Level Committee Block- Narharpur District- North Bastar Kanker, Chhattisgarh. --- Respondents WPS No. 7525 of 2025 1 - Saraswati Uike W/o Umesh Kumar Uike Aged About 37 Years Presently Posted As Assistant Teacher L.B. At Government Primary School Anchhidongari, Block- Narharpur, District- North Bastar Kanker, Chhattisgarh. ---Petitioner Versus 1 - State of Chhattisgarh Through its Secretary, Department of School Education, Government of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District- Raipur Chhattisgarh. 2 - Collector, Collector Complex, District- North Bastar Kanker, Chhattisgarh. 3 - District Education Officer, DEO Office, District- North Bastar Kanker, Chhattisgarh. 4 - Block Education Officer Block-Narharpur, District- North Bastar Kanker, Chhattisgarh. 5 - Sub Divisional Magistrate (Revenue) President Of Block Level Committee Block- Narharpur, District- North Bastar Kanker, Chhattisgarh. --- Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Dinesh Yadav, Advocate. 3 For State-Respondents : Mr. K.S. Saini, Mr. S. Choubey and Mr. Mayur Khandelwal, Panel Lawyers. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 10-07-2025 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 the 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. 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(s) 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 4 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(s) 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 Aadil