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2025 DAILYLAW 51375 (CHH)

DHARMENDRA KUMAR MANDAVI v. STATE OF CHHATTISGARH

WPS/11631/2025 · 2025-10-06

Shri Parth Prateem Sahu

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Judgment text

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1 2025:CGHC:49812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11631 of 2025 1 - Dharmendra Kumar Mandavi S/o Shri Vaidyaraj Mandavi Aged About 35 Years Present Posted As Assistant Teacher (L.B.) At Govt. Primary School Guhanpara, Risewada, Block Narharpur, District - North Bastar Kanker C.G. ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Ministry, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur C.G. 2 - The Director, Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur C.G. 3 - Joint Director, Education Division Bastar, Jagdalpur, District Bastar C.G. 4 - The Collector And President District Rationalization Committee, Kanker, District North Bastar Kanker C.G. 5 - District Education Officer And Secretary, District Level Rationalization Committee, Kanker, District North Bastar Kanker C.G. 6 - Block Education Officer, Narharpur, Block Narharpur, District North Bastar Kanker C.G. ... Respondents For Petitioner : Mr. Alok Kumar Dewangan, Advocate For Respondents : Mr. Anmol Sharma, Panel Lawyer SB: Hon'ble Shri Justice Parth Prateem Sahu Order On Board 07/10/2025 1. This petition has been filed by the petitioner seeking for the following SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 relief(s):- “10.1. That, this Hon'ble Court may kindly be pleased to quash/set-aside the order dated 05.06.2025 (Annexure P/1) whereby, Respondent No. 5 passed an order transferring the petitioner as surplus teacher from Government Primary School Guhanpara, Risewada, Narharpur, Block Narharpur, District – North Baster Kanker, (C.G), to Primary School Mausamtola, Block Koyalibeda, District – North Baster Kanker, C.G. & the order dated 21.07.2025 (Annexure P/2), by which the representation dated 27.06.2025 filed by the petitioner pursuant to the Hon’ble High Court’s order dated 25.06.2025, was rejected. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondents to consider and decide the representation submitted by the petitioner before Divisional Level Rationalization Committee within the prescribed time, in the interest of justice. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief(s) in favour of the petitioner, as the Hon’ble Court may deem fit & proper in the facts and circumstances of the case. 10.4 That, this Hon’ble Court may kindly be pleased to call for the entire records relating to the case of the petitioner from the possession of the respondents for its kind perusal.” 2. Learned counsel for the petitioner submits that place of posting of the petitioner has been changed in the rationalization scheme of the State Government. The petitioner has already preferred an appeal dated 07.09.2025 before the Divisional Committee against the change of place of posting of petitioner as provided under the rationalization scheme which is pending consideration. He contended that as the Divisional Committee has not taken decision since long, therefore, direction be issued to the the Divisional Committee to take decision on the pending representation dated 07.09.2025 at the earliest. 3. On the other hand, learned counsel for the Respondent/State submits that as the petitioner is not pressing this writ petition on merits and is only seeking a direction to the Divisional Committee to take decision on the representation dated 07.09.2025 submitted by the petitioner, he is 3 having no objection to the limited prayer. 4. I have heard learned counsel for the respective parties and perused the documents enclosed along with the writ petition. 5. In view of the submissions made by the counsel for respective parties, this writ petition is disposed of with a direction to the Respondent No. 3 to take decision on the pending representation/appeal dated 07.09.2025 at the earliest, preferably within a period of 04 weeks from the date of receipt of copy of this order. 6. Accordingly, this petition is disposed of with aforesaid observations and directions. C.C. as per rules Sd/- (Parth Prateem Sahu) Judge Dey