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2025 DAILYLAW 35422 (CHH)

NITA SHARMA v. STATE OF CHHATTISGARH

WPS/7997/2025 · 2025-07-17

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:34045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7997 of 2025 1 - Nita Sharma W/o Shri Pramod Kumar Sharma, Aged About 57 Years R/o Ward No. 23, Khaal Para, Ambikapur District Sarguja Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya, Mahanadi Bhawan, Atal Nagar Raipur District Raipur Chhattisgarh 2 - Director, Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar Raipur District Raipur Chhattisgarh 3 - Divisional Joint Director, Education Division Ambikapur, District Sarguja Chhattisgarh 4 - Collector, Surguja District Sarguja Chhattisgarh 5 - District Education Officer, District Sarguja Chhattisgarh 6 - Block Education Officer, Block Ambikapur, District Surguja Chhattisgarh 7 - Principal, High School Karra, Block Ambikapur, District Sarguja Chhattisgarh 8 - Principal Government Higher Secondary School, Gumgarakala, Block Lakhanpur, District Sarguja Chhattisgarh 9 - Ms. Rekha Sharma Lecturer (L.B.) In History/ Political Posted At Government Higher Secondary School, Gumgarakala, Block Lakhanpur, District Sarguja Chhattisgarh ... Respondents Digitally signed by MOHAMMAD AADIL KHAN 2 (Cause-title taken from Case Information System) For Petitioner : Mr. Aditya Kumar Mishra, Advocate. For State-Respondents : Mr. S.P. Kale, Addl. Advocate General. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 18-07-2025 1. By way of this writ petition, the petitioner(s) is/are challenging the impugned transfer order(s) and action of the respondents whereby the petitioner(s) has/have been declared surplus Teacher(s) and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner(s) would submit that the petitioner has not joined at her transferred place of posting. 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 petitioner(s) and if the petitioner(s) is/are not granted relief, he/she/they will suffer with irreparable loss. Learned counsel for the petitioner would further submit that the petitioner still wants to pursue her representation before the concerned authorities to redress her grievances. 3. Learned counsel for the State would submit that after due verification of records the petitioner(s) has/have been transferred under the rationalization instructions issued by the State Government. It is further submitted that if the petitioner(s) is/are having any grievance, he/she/they may move fresh representation before the concerned District/Divisional Rationalization Committee and the Committee will take a decision on his/her/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 petitioner(s) is/are directed to make fresh representation(s) before the concerned District/Divisional Rationalization Committee within a period of five 3 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 petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil