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2026 DAILYLAW 15657 (CHH)

SMT. MADHU GUPTA v. STATE OF CHHATTISGARH

WPS/227/2026 · 2026-01-15

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 2026:CGHC:2897 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 227 of 2026 • Smt. Madhu Gupta W/o Rajesh Gupta Aged About 36 Years Posted As Assistant Teacher (L.B.), R/o Ring Road, Namna Kala, Ambikapur, District Sarguja C.G. ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 2. Director, Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3. Joint Director, Education Division, Bilaspur, District Bilaspur C.G. 4. Collector, Sarguja, District Sarguja C.G. 5. District Education Officer, Ambikapur, District Sarguja C.G. 6. Block Education Officer, Ambikapur, District Sarguja C.G. ... Respondent For Petitioner : Mr. Anup Majumdar, Advocate For Respondent-State : Ms. Apurva Nigam, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 16/01/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That this Hon'ble Court may kindly be pleased to set aside and quash order dated 06/06/2025 (Annexure P/1) issued by respondent no. 5 regarding transfer of petitioner. PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 10.3 That, Hon'ble Court may kindly be pleased to set aside and quash order dated 28/07/2025 (Annexure P/9), passed by the respondent no 5, in the interest of justice 10.4 That, this Hon'ble Court may kindly further be pleased to direct the respondents to post the petitioner in the Government Primary School, Bisunpur, Block Ambikapur, in the interest of justice. 10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for petitioner submits that petitioner who was holding post of Assistant Teacher (LB) and posted at Govt. Primary School, Kishunpur Block Ambikapur was transferred to Govt. Primary School, Parsadhodhi Block Lundra under the rationalization policy vide transfer order dated 16.06.2025. Aggrieved with which, petitioner filed writ petition bearing WPS No. 5866/2025 which was disposed of on 24.06.2025 permitting the petitioner to submit fresh representation and further passed an interim order in favour of petitioner observing that “till decision taken on the representation is communicated to respective petitioner(s), the transfer order issued under rationalaziation instructions, so far as petitioner is concerned, be kept in abeyance”. He contended that petitioner has submitted a representation immediately thereafter, however, decision on the representation was not communicated to petitioner. He also submits that in the month of October 2025, petitioner was directed to be relieved from his earlier place of posting, at that time also petitioner brought to the notice to the authority that there is an interim order in his favour, however, his prayer was not considered and the representation has been rejected and therefore, he has to comply with the order of transfer under the rationalization policy. For the first time, petitioner came to know about decision on the representation when a letter was issued to Block Education Officer from the office of District Education 3 / 3 Officer on 23.12.2025 and thereafter petitioner has filed this writ petition. He submits that the order/ decision on representation is still not served upon him. 3. Learned State counsel would submit that petitioner can submit fresh representation/ appeal before the State Level committee under the rationalization policy, against rejection of his representation, for redressal of his grievance. 4. At this stage, learned counsel for petitioner submits that petitioner may be permitted to submit fresh representation/ appeal before the State Level committee and the concerned committee be directed to take decision on the representation/ appeal to be submitted by petitioner at the earliest. 5. On due consideration of the submission made by learned counsel for the respective parties, facts and circumstances of the case, this writ petition at this stage is disposed of permitting the petitioner to submit an appeal/ representation along with all supporting documents before State Level committee under constituted by the State Government under the rationalization scheme of the transfer policy within a period of 15 days and if such an appeal is submitted the concerned authority shall consider and take decision on the appeal in accordance with law, on merits, treating it to be filed within time, expeditiously, preferably within a further period of 04 weeks from the date of receipt of appeal. 6. Accordingly, this petition is disposed of with aforesaid observations and directions. Sd/- (Parth Prateem Sahu) pwn JUDGE