Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 11377 (CHH)

SMT. PRABHA CHANDRA v. THE STATE OF CHHATTISGARH

WPS/13834/2025 · 2026-04-27

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 4 2026:CGHC:19719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13834 of 2025 Smt. Prabha Chandra W/o Shri Vishnu Kishor Chandra Aged About 46 Years Working As Assistant Teacher, R/o- District Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya At Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - The Director Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 3 - The Joint Director Education Division- Bilaspur Division- Bilaspur, Chhattisgarh 4 - The District Education Officer District- Janjgir Champa, District : Janjgir- Champa, Chhattisgarh 5 - The Block Education Officer Block Navagarh, District : Janjgir-Champa, Chhattisgarh Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.05.01 18:22:02 +0530 2 / 4 6 - The Principal Govt. Primary School, Bodsara, Block Navagarh, District : Janjgir-Champa, Chhattisgarh 7 - The Principal Govt. Primary School, Padariya, Block- Akaltara, District : Janjgir-Champa, Chhattisgarh .. Respondent(s) For Petitioner : Mr. Ashutosh Pandey, Advocate For State : Ms. Apurva Nigam, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 28/04/2026 1. Petitioner has filed this writ petition seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call upon the records related to the case of the petitioner from the Respondent Authorities for its kind consideration. 10.2 That this Hon'ble Court may kindly be pleased to issue writ/order/directions of appropriate nature and set aside the order dated 15.09.2025 (Communication dated 19.09.2025) passed by Respondent No.03 (Annexure P-1). 10.3 That this Hon'ble Court may kindly be pleased to issue writ/order/directions of appropriate nature and set aside the order dated 10.07.2025 passed by Respondent No.04 (Annexure P-2). 10.4 That this Hon'ble Court may kindly be pleased to issue writ/order/directions of appropriate nature and set aside the transfer order dated 04.06.2025 passed by Respondent No.04 (Annexure P-3). 10.5 That, the Hon'ble Court may kindly be pleased to grant any other relief which this Hon'ble Court may deem fit and appropriate.” 3 / 4 2. Learned counsel for the petitioner submits that petitioner while working on the post of Assistant Teacher and posted at Govt. Primary School, Bodsara, Block – Navagarh, is transferred to Govt. Primary School, Padariya, Block- Akaltara under Rationalization Policy formulated by State Govt. He contended that according to instruction of petitioner, petitioner will be surplus in transferred place also. Rationalization Policy provides that surplus Teacher is to be posted in a school where post of Teacher/Assistant Teacher is lying vacant. Petitioner has already submitted representation before the District Level Committee as also before Divisional Level Committee. Divisional Level Committee rejected the claim of petitioner vide order dated 15.09.2025 (Annexure P-1). He contended that as there is already surplus Teacher in Govt. Primary School, Padariya, therefore, transfer and posting of petitioner in Govt. Primary School Padariya is contrary to guidelines issued by the State Govt. under rationalization. 3. Learned counsel for the State opposes submission of learned counsel for the petitioner and submits that petitioner is having other efficacious remedy of filing representation before the State Level Committee. Petitioner has placed documents showing that petitioner had submitted representation before the District Level Committee and thereafter before the Divisional Level Committee only. Under Rationalization Policy, three Committees are constituted i.e. District Level Committee, Divisional Level Committee and State Level Committee. 4. I have heard learned counsel for the parties and perused the documents available on record. 4 / 4 5. Grievance of the petitioner is that though the petitioner is transferred showing her to be surplus Teacher, again she will be surplus in transferred place of posting and she may again be transferred from that school to some other school. 6. Considering the grievance of the petitioner and further that State Govt. has constituted State Level Committee to consider the grievance of Teachers against their transfer and posting under rationalization policy, and nature of grievance raised by petitioner that she will again become surplus in transferred place, this writ petition is disposed of permitting the petitioner to submit representation/appeal before the State Level Committee headed by Director of Public Instructions and in the event such representation is submitted, concerned authority shall consider and take decision on the representation to be submitted by the petitioner in an objective manner expeditiously, preferably within as period of 6 weeks from the date of receipt of representation, ascertaining the facts from the concerned authority with regard to strength of children studying in Govt. Primary School Padariya and number of Teachers already posted there. Sd/- (Parth Prateem Sahu) Judge Praveen