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2026 DAILYLAW 2541 (CHH)

SMT. SUMAN MISHRA v. THE STATE OF CHHATTISGARH

WPS/382/2026 · 2026-01-14

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 4 2026:CGHC:2390 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 382 of 2026 • Smt. Suman Mishra W/o Shri Shailendra Mishra Aged About 40 Years Presently Posted As Teacher (L.B.) Govt. Middle School Pendri, District Janjgir-Champa, R/o Ward No. 7, Janjgir District Janjgir Champa (C.G.) ... Petitioner versus 1. The State Of Chhattisgarh Through The Secretary School Education, Government Of Chhattisgarh, Mantralaya Nawa Raipur, District- Raipur (C.G.) 2. The Director Directorate Of Public Instructions, Indiravati Bhawan Nawa Raipur District- Raipur (C.G.) 3. The Commissioner Bilaspur Division, District- Bilaspur (C.G.) 4. The Joint Director Education Division Bilaspur, District- Bilaspur (C.G.) 5. The Collector District- Janjgir-Champa (C.G.) 6. The District Education Officer District- Janjgir-Champa (C.G.) 7. The Block Education Officer Block- Navagarh, District- Janjgir-Champa (C.G.) 8. Smt. Rashmi Dwivedi Presently Posted As Teacher (L.B.) At Kasturba Gandhi Balika Awasiya School, Hardi, Block- Akaltara, District- Janjgir-Champa (C.G.) 9. Smt. Anusuiya Singh Presently Posted As Teacher (L.B.) At Kasturba Gandhi Balika Awasiya School, Hardi, Block- Akaltara, District- Janjgir-Champa (C.G.) 10.Smt. Namita Gopal Presently Posted As Teacher (L.B.) At Kasturba Gandhi Balika Awasiya School, Hardi, Block- Akaltara, District- Janjgir-Champa (C.G.) ... Respondents For Petitioner : Mr. Aniruddha Shrivastava, Advocate For Respondent-State : Ms. Apurva Nigam, Panel Lawyer PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 4 Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 15/01/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 Issue an appropriate writ, order or direction, quashing the impugned order dated 07/06/2025 (Annexure P/1), order dated whereby the petitioner has been transferred and posted to Govt. Middle School, Leelapur, Block Lormi, District Mungeli, situated approximately 142 kilometres from her home district, in violation of the Rationalisation Policy dated 02/08/2024, in furtherance of Justice; 10.2 Issue an appropriate writ, order or direction, directing the respondent authorities to consider the petitioner for posting in her previous post or within her home district, particularly in light of the fact that there are 106 sanctioned posts lying vacant therein, posts of Science Teacher, which match the petitioner's qualifications and current subject of teaching, in the interest of Justice; 10.3 Issue an appropriate writ, order or direction, directing the respondent authorities to consider and decide the claim of the Petitioner against the vacant posts within her own District and set aside the order dated 08/12/2025 issued against the Norms of Policy of 2024, in Favor of Private Respondents No. 08-10, in the interest of justice. 10.4 Direct the respondent authorities to consider and decide the representation(s) submitted by the petitioner with regard to her posting at her previous post or within her district against the vacant posts, in accordance with law and the policy provisions, within a time-bound manner as may be stipulated by this Hon'ble Court; 10.5 Grant any other relief(s) as this Hon’ble Court may deem just and proper in the facts and circumstances of the present case.” 2. Learned counsel for petitioner submits that petitioner is a Teacher (Science) and was posted at Government Middle School, Pendri, Block Nawagarh, 3 / 4 District Janjgir-Champa. Under the rationalization policy formulated by the State Government, petitioner was declared in excess and accordingly she was transferred to Govt. Middle School, Leelapur, Block-Lormi, District Mungeli, C.G. Petitioner aggrieved with the order of transfer under rationalization policy has filed a writ petition bearing WPS No. 4599/2025, which was disposed of with a direction to petitioner to submit representation before the authority under the rationalization policy. Accordingly, petitioner submitted representation, however, it was rejected vide Annexure P-2 dated 18.07.2025. Petitioner thereafter came to know that post of Teacher (Science) is vacant at Kasturba Gandhi Bal Vikas Residential School, Hardi, Block Akaltara and accordingly petitioner again submitted representation before the appellate authority ie., State Level Committee headed by Directorate of Public Instructions vide Annexure P-7 specifically mentioning the aforementioned facts. However, representation of petitioner till date is not considered and decided. Therefore, direction be issued to the State Level Committee under the rationalization scheme of Transfer Policy to take decision on the representation dated 19.09.2025 at the earliest within specific time frame. 3. Learned State counsel submits that in view of limited prayer made by learned counsel for petitioner, she is having no objection. 4. On due consideration of the submission made by learned counsel for the respective parties, nature of grievance raised, this writ petition at this stage is disposed of with a direction to Respondent No. 2 ie., President, State Level Committee to take decision on the appeal/ representation of petitioner dated 19.09.2025, in accordance with law, expeditiously, preferably within a further period of 03 weeks from the date of receipt of copy of order passed by this Court. 5. Petitioner will be at liberty to submit fresh representation if she so desires before the State Level Committee and if such a representation is submitted 4 / 4 along with relevant documents and copy of order passed by this Court, the concerned committee shall also decide the same as observed above. 6. With the aforesaid observation and direction, this writ petition stands disposed of. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE