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2025 DAILYLAW 36083 (CHH)

JAYANTI RATHORE v. STATE OF CHHATTISGARH

WPS/8309/2025 · 2025-08-20

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 2025:CGHC:42539 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8309 of 2025 1 - Jayanti Rathore D/o Late Shri R.P. Rathore Aged About 53 Years Presently Posted As Lecturer (Chemistry) Govt. Higher Secondary School, Seoni, District- Janjgir-Champa, R/o Civil Line, Ward No. 17, Sant Ravidas Street, Janjgir Kunj Bhawan, Janjgir, District- Janjgir Champa (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary School Education, Government of Chhattisgarh, Mantralaya Nawa Raipur District- Raipur (C.G.) 2 - Director Directorate of Public Instructions, Indiravati Bhawan, Nawa Raipur District- Raipur (C.G.) 3 - Joint Director Division Bilaspur (C.G.) 4 - Collector Janjgir Champa, District- Janjgir Champa (C.G.) 5 - Collector Sakti, District- Sakti (C.G.) 6 - District Education Officer District Janjgir-Champa (C.G.) 7 - District Education Officer District Sakti (C.G.) 8 - Block Education Officer Block- Nawagarh, District- Janjgir Champa (C.G.) 9 - Smt. Savita Rathore W/o Mr. Ramesh Rathore Occupation - Lecturer (Chemistry) At Govt. Higher Secondary School, Seoni (Naila), District- Janjgir- Champa, R/o Ward No. 17, Sant Ravidas Chowk Street, Civil Line, Janjgir, District- Janjgir-Champa (C.G.) ... Respondents (Cause-title taken from Case Information System) Digitally signed by MOHAMMAD AADIL KHAN 2 For Petitioner : Mr. Aanirudha Shrivastava, Advocate. For State-Respondents : Mr. Arvind Dubey, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 21-08-2025 1. In the present writ petition the petitioner has sought following relief(s):- “10.1 Issue an appropriate writ, order or direction, quashing the impugned order dated 15/07/2025 (Annexure P/1) whereby the representation of the Petitioner has rejected and also impugned order dated 07/06/2025 (Annexure-P/5) whereby the petitioner has been transferred and posted to other district, in the interest of justice. 10.2 Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to consider and decide the representation(s) submitted by the petitioner, including the one file during counselling and subsequent representations, in accordance with law and the policy provisions, within a time-bound manner as may be stipulated by this Hon’ble Court; 10.3 Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent authorities to retain the Petitioner to her current place of posting i.e. at Govt. Higher Secondary School, Seoni (Naila), District- Janjgir-Champa, in furtherance of justice. 10.4 Grant any other relief(s) as this Hon’ble Court may deem just and proper in the facts and circumstances of the present case;” 2. Learned counsel for the petitioner would submit that after the order passed by this Court on 01-07-2025 in WPS No. 6245/2025 the petitioner moved her representation on 04-07-2025 which has been decided on 15-07-2025, but no reasoned order has been passed and it has not been decided in objective manner as per the representation of the petitioner, therefore, the Committee constituted vide notification dated 07-07-2025 may be directed to pass a 3 reasoned order in objective manner on the representation of the petitioner in accordance with law on its own merits. 3. On the other hand, learned counsel for the State would submit that though the order has been passed on the representation of the petitioner, she may be directed to file a fresh representation before the Divisional Level Rationalization Committee and then the Divisional Level Rationalization Committee may be directed to pass reasoned order within a stipulated time- frame in accordance with law. 4. Considering the limited submissions made by the counsel for the petitioner, the present writ petition is disposed of directing the petitioner to move her fresh detailed representation along with copy of this order to the Divisional Level Rationalization Committee constituted under notification dated 07-07- 2025 and in the eventuality of filing of the representation by the petitioner, the Divisional Level Rationalization Committee is directed to take a decision in accordance with law under the applicable rules and circulars holding the field in objective manner within four weeks from the date of receipt of the representation after providing opportunity of hearing to the petitioner. 5. The petitioner is directed to move her representation within a week from today. 6. With the aforesaid observation, the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil