1 2026:CGHC:9129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4112 of 2025 1. Ten Singh Bhardwaj S/o Ratthuram Bhardwaj Aged About 38 Years Occupation- Assistant Teacher, Govt Primary School Kaailash Nagar Block Division Korba, District Korba (CG) --- Petitioner versus 1. State of Chhattisgarh Through The Secretary School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2. Director Public Instruction Directorate, Chhattisgarh First Floor, C- Block, Indiravati Bhavan, Naya Raipur, District Raipur, Chhattisgarh. 3. Joint Director Education Department Bilaspur, District Bilaspur, Chhattisgarh. 4. Collector Korba, District Korba, Chhattisgarh. 5. Secretary District Rationalization Committee (District Education Officer) Korba, District Korba, Chhattisgarh. 6. Sub-Divisional Magistrate (Revenue) Korba, Dist. Korba (CG) 7. Block Education Officer Korba, District Korba, Chhattisgarh. --- Respondents WPS No. 6379 of 2025 1. Ten Singh Bhardwaj S/o Ratthuram Bhardwaj Aged About 38 Years Occupation- Assistant Teacher, Govt Primary School Kaailash Nagar Block Division, Korba, District Korba (CG) ---Petitioner Versus SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2026.02.20 16:57:36 +0530 2 1. State of Chhattisgarh Through The Secretary School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2. Director Public Instruction Directorate, Chhattisgarh First Floor, C- Block, Indiravati Bhawan, Nava Raipur, District Raipur, Chhattisgarh. 3. Joint Director Education Department, Bilaspur, District Bilaspur, Chhattisgarh . 4. Collector Korba, District Korba, Chhattisgarh. 5. Secretary District Rationalization Committee (District Education Officer), Korba, District Korba, Chhattisgarh. 6. Sub-Divisional Magistrate (Revenue) Korba, District Korba, Chhattisgarh. 7. Block Education Officer Korba, District Korba, Chhattisgarh. --- Respondents For Petitioner : Mr. Awadh Tripathi, Advocate For Respondents : Mr. Khulesh Sahu, Panel Lawyer. Hon'ble Mr. Justice Parth Prateem Sahu Order On Board 20/02/2026 1. As petitioner in above two writ petitions is one and same; the subject matter of above two writ petitions is also inter- connected, therefore, they are heard together and are being disposed of by this common order. 2. WPS No.4112/2025 is filed by petitioner feeling aggrieved by order dated 31.5.2025 by which he has been transferred from Government Primary School KailashNagar to Primary School Baigamar on the ground that petitioner was excess teacher. 3 3. WPS No.6379/2025 is filed by petitioner challenging the order dated 18.6.2025 by which representation submitted by petitioner against his transfer was rejected by the District Level Rationalization Committee, District Korba. 4. Learned counsel for petitioner submits that respondent authorities treating the petitioner to be in excess in Primary School Kailash Nagar, Block Korba, transferred him vide order dated 31.5.2025 to Primary School Baigamaar Block Korba. Order of transfer of petitioner under the Rationalization Scheme was put to challenge by petitioner by filing WPS No.4112/2025 and this Court while considering the grounds raised in writ petition, has passed an interim order in favour of petitioner on 11.6.2025 directing respondent authorities not to take any coercive steps against the petitioner. It is contention of learned counsel for petitioner that pursuant to order dated 11.6.2025 petitioner is still working at his earlier place of posting i.e. Primary School Kailash Nagar. During pendency of petition, one Ms. Leela Sharma, Assistant Teacher (LB) posted in Primary School Kailash Nagar stood retired on 31.7.2025 after attaining the age of superannuation and after her retirement, petitioner could not be treated to be in excess than the strength as prescribed under the Rationalization Policy. Hence, posting 4 of petitioner at Primary School Kailash Nagar, Block Korba may be protected. 5. Learned State Counsel does not dispute submission of learned counsel for petitioner with regard to retirement of Ms. Leela Sharma, Assistant Teacher (LB), Primary School Kailash Nagar. He also does not dispute and oppose submission of learned counsel for petitioner that after retirement of Ms. Leela Sharma, petitioner is not in excess. 6. At this stage learned counsel for petitioner would submit that according to rationalization policy, one teacher is to be posted for every 30 students and therefore, looking to present strength of students in Primary School Kailash Nagar i.e. 73, there is requirement of three teachers in Primary School Kailash Nagar. Presently, only 03 teachers including petitioner are posted in Primary School Kailash Nagar. 7. Heard learned counsel for respective parties and perused the documents available in record of writ petition. 8. Earlier in Primary School Kailash Nagar four teachers were posted and according to rationalization policy framed by the State Government, petitioner has been declared excess staff and transferred to Primary School Baigamaar. It is not in dispute that during pendency of this petition, one Ms. Leela Sharma, who was posted as Assistant Teacher (LB) in Primary School Kailash Nagar, stood retired on 31.7.2025 5 upon attaining age of superannuation and as of now, only three teachers are posted. According to rationalization policy framed by the State Government, one teacher is to be posted for thirty students and at present, only 73 students are admitted in Primary School Kailash Nagar. According to submission of learned counsel for petitioner, the petitioner is still working in Primary School Kailash Nagar and is being paid salary pursuant to interim order passed by this Court on 11.6.2025. In the above facts of the case, I am inclined to allow WPS No.4112/2025 and to quash the impugned transfer order of petitioner dated 31.5.2025 (Annexure P-1) on the ground that as of now petitioner is not in excess under the rationalization policy framed by the State Government. 9. Accordingly, WPS No.4112/2025 is allowed. Impugned order dated 18.5.2025 (Annexure P-1) is quashed. 10. Consequently, connected writ petition bearing WPS No.6379/2025 stands disposed of. Sd/- (Parth Prateem Sahu) Judge roshan/-