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2026:CGHC:10151
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 901 of 2026 Sheshnarayan Verma S/o Genduram Verma Aged About 43 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School Ghurwagudi, Block Mainpur, District Gariyaband (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District Raipur (C.G.) 2 - Director Public Instructions, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.) 3 - Divisional Joint Director Education Division Raipur, District Raipur (C.G.) 4 - Collector Gariyaband District Gariyaband (C.G.) 5 - District Education Officer Gariyaband, District Gariyaband (C.G.)
... Respondent(s) For Petitioner : Mr. CJK Rao, Advocate For State : Mr. Khulesh Sahu, Panel Lawyer Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.02.28 18:09:32 +0530
2 / 5 S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 26/02/2026
1. Petitioner has filed this writ petition seeking following reliefs:
“10.1 That, this Hon'ble Court may kindly be pleased to set aside the order dated 06.01.2026 (Annexure P- 1), order dated 26.09.2025 (Annexure P-2), order dated 24.06.2025 (Annexure P-3). 10.2 That, this Hon'ble Court may kindly be pleased to set aside the order dated 02.06.2025 (Annexure P- 4), whereby the petitioner has been declared surplus under the Rationalization Scheme of the Government and posted to Govt. Higher Secondary School Ghurwagudi, Block Mainpur, District Gariyaband from Govt. Girls Higher Secondary School Gariyaband, Block Gariyaband, District Gariyaband (C.G.). 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to direct the respondents to post the petitioner at Govt. Girls Higher Secondary School Gariyaband, Block- Gariyaband, District – Gariyaband (CG), 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.”
2.
Learned counsel for the petitioner submits that petitioner is working as Lecturer (LB) and was posted at Govt. Girls Higher Secondary School, Gariyaband, Block- Gariyaband, District- Gariyaband. Under Rationalization Policy formulated by the State Govt., petitioner being
3 / 5 treated as surplus Teacher in Govt. Girls Higher Secondary School, Gariyaband, is transferred to Govt. Higher Secondary School, Ghurwagudi, Block- Mainpur, District- Gariyaband. Govt. Higher Secondary School, Ghurwagudi, Block- Mainpur, District- Gariyaband is an upgraded Swami Aatmanand Excellence School. According to Clause- Two (14) of the Rationalization Policy, Teachers who are to be transferred under rationalization scheme are not to be posted in Swami Aatmanand Excellence Hindi/English Medium Schools/PM Shree Schools and therefore posting of petitioner in Govt. Higher Secondary School, Ghurwagudi, Block- Mainpur, District- Gariyaband is in contravention of Rationalization Policy of State Govt. He also contended that according to policy of State Govt, in Swami Aatmanand Excellence School either the Teaches are to be appointed on contract basis or the Govt. Teachers are to be sent on deputation. Order of posting of petitioner in Swami Aatmanand Excellence School is not an
order of deputation and therefore, it is erroneous.
3.
Learned counsel for the State submits that affidavit has been filed in this regard . However, he fairly admitted that in para-2 of affidavit there is mention that Govt. Higher Secondary School, Ghurwagudi, Block- Mainpur, District- Gariyaband has been upgraded as Swami Aatmanand Excellence School for English and Hindi Medium which is running by Aatmanand School Society. He however submits that in later part of same paragraph, it is mentioned that pay of the Teacher working in Hindi Medium School is being drawn from District Treasury.
4. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition.
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5. Even if submission of learned counsel for the respondent-State is to be accepted that salary of the Teachers working in Govt. Higher Secondary School, Ghurwagudi, Block- Mainpur, District- Gariyaband is being paid from District Treasury, but there is admission that Govt. Higher Secondary School, Ghurwagudi, Block- Mainpur, District- Gariyaband has been upgraded as Swami Aatmanand English and Hindi Medium School both. Policy of rationalization formulated by State Govt. clearly provides that Teachers of Govt. School are not to be posted in Swami Aatmanand Excellence English or Hindi Medium School. Relevant portion of Rationalization Policy is extracted below for ready reference: दो :- युሹኌयुሹኌकरण हे
शालाओं क चिन्हेकन एवं युሹኌयुकरण क ्ቚቅኌयु :- x x x x x x x x x
14. विቕኋलोሱ के ोሱሹኌ
ोሱ
केरण के ्ቚविोሱ ेሰ स्ेሰ आत्ेሰनंद उत्के ् वि न्द"/अंቇኔ जी ेሰध्ोሱेሰ विቕኋलोሱ/पीएेሰ ቦኍ विቕኋलोሱ के सेሰोሱ+जीनं नं , विकेोሱ जीोሱ गा।"
6. In the aforementioned facts of case, specific rationalization policy of State Govt. and further when it is an undisputed fact that Teachers in Swami Aatmanand Excellence School are to be appointed on contract basis or the Govt. Teachers are to sent on deputation and order dated 02.06.2025 (Annexure P-4) is not an order sending the petitioner on deputation, in the opinion of this Court, said order is not sustainable in
5 / 5 eyes of law. Accordingly order dated 02.06.2025 (Annexure P-4) is hereby quashed.
7. Writ petition is accordingly allowed. Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen