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2026 DAILYLAW 13077 (CHH)

KU. PRABHAWATI KAUSHIK v. STATE OF CHHATTISGARH

WPS/820/2026 · 2026-01-26

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 2026:CGHC:4350 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 820 of 2026 Ku. Prabhawati Kaushik D/o Daduram Kaushik Aged About 54 Years Posted As Teacher At Govt. Middle School Sadar, Block Nawagarh, District- Janjgir- Champa C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur C.G. 2 - Director Directorate Of Public Instruction (D P I) Through Its Director Indrawati Bhawan, Naya Raipur, District Raipur C.G. 3 - Joint Director Education Division Bilaspur C.G. 4 - District Education Officer, District Janjgir-Champa C.G. 5 - Collector District Janjgir-Champa C.G. 6 - Smt. Sunita Kashyap Posted At Govt. Middle School Gaurshala Block Nawagarh, District Janjgir-Champa C.G. 7 - Smt. Ashwani Joshi Posted At Govt. Girls Middle School Janjgir Block Nawagarh, District Janjgir-Champa C.G. 8 - Jyoti Rathoor Posted At Govt. Middle School Sadar Block Nawagarh, District Janjgir-Champa C.G. ... Respondents ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.02.02 13:17:09 +0530 2 / 3 For Petitioner : Mr. Shakti Raj Sinha, Advocate For Respondent-State : Mr. Anmol Sharma, Panel lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 27/01/2026 1. Petitioner has filed this writ petition seeking following reliefs:- “1. That, this Hon’ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions, and quash the order dated 07.06.2025 and the order dated 12.09.2025. 2. That, this Hon’ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions, to the respondents to decide the appeal/objection of the petitioner within a stipulated time. 3. That, this Hon’ble Court may kindly be pleased to quash the order of excess teacher so far as it relates to the petitioner 4. That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. At the outset learned counsel for respondent- State raises an objection with regard to the maintainability of second writ petition seeking similar relief of quashment of order dated 07.06.2025. He submits that petitioner has earlier approached this Court by way of filing of writ petition bearing WPS No. 4770 of 2025 which was dismissed vide order dated 25.06.2025 on merits. In this writ petition also petitioner has claimed for quashment of order dated 07.06.2025, the prayer which was already rejected by this court. He placed reliance upon decision in case of Sarguja State Transport Service Vs. State Transport Tribunal 1987 reported in Volume 1 SCC 5 in support of his contention. 3. Learned counsel for petitioner do not dispute the submission made by learned counsel for State with regard to dismissal of writ petition 3 / 3 seeking quashment of order dated 07.06.2025 on merits in WPS No. 4770 of 2025. He however submits that in this writ petition along with relief of quashment of order dated 07.06.2025 there are other reliefs also. 4. Heard learned counsel for the parties and also perused the documents enclosed along with this writ petition. 5. The main grievance of petitioner is against the order dated 07.06.2025 whereby the petitioner was transferred from Govt. Middle School Sadar, Janjgir Block Nawagarh, District Janjgir Champa to Govt. Middle School Kukurdi-Kala Block Masturi, District- Bilaspur under the Rationalization policy formulated by the State Govt treating the petitioner in surplus at the posted school. The order dated 07.06.2025 of her transfer was put to challenge in WPS No. 4770 of 2025 (Ku. Prabhawati Kaushik Vs. State of Chhattisgarh and Others which was dismissed on merits vide order dated 25.06.2025. 6. The relief as sought for in this writ petition is also with regard to the order dated 07.06.2025, therefore, in view of aforementioned facts of the case where the prayer is of similar relief which had already been rejected by this Court. 7. Considering the facts of the case the second writ petition seeking similar relief would not be maintainable and therefore, this writ petition stands dismissed as not maintainable. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza