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2026 DAILYLAW 2818 (CHH)

SARITA SHALINI BADA v. STATE OF CHHATTISGARH

WPS/40/2026 · 2026-01-06

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 40 of 2026 1 - Sarita Shalini Bada D/o Sushil Kumar Bada Aged About 38 Years Working As Teacher (Lb) And Posted At Govt. Middle School Karaji, Block Rajpur, District- Balrampur-Ramanujganj Chhattisgarh. ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya New Raipur, Distrit- Raipur (C.G.) 2 - Director Directorate Of Chhattisgarh Public Instruction, Third Floor, Indravati Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - Secretary Divisional Level Samiti And Joint Director Education Division Sarguja District- Ambikapur, Chhattisgarh. 4 - Collector Balrampur-Ramanujganj, District- Balrampur-Ramanujganj Chhattisgarh. 5 - District Education Officer And Secretary District Level Rationalization Committee Balrampur-Ramanujganj Chhattisgarh. 6 - Block Education Officer Block Rajpur, District- Balrampur-Ramanujganj Chhattisgarh. ... Respondents For Petitioner : Mr. Pradeep Jogi, Advocate For Respondents/State : Mr. Love Sharma, Panel Lawyer 2 SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 07/0 1/2026 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to issue appropriate writ and quash the impugned order dated 01.12.2025 passed by the Respondent No. 2 which is arising out of transfer order dated 04.06.2025 passed by the Respondent No. 5, in the interest of justice. 10.2 This Hon’ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the petitioner was posted as Teacher (L.B.) at Government Middle School, Karaji, Block – Rajpur, District – Balrampur – Ramanujganj. Under the Rationalization Policy, 2025 formulated by the State Government, the petitioner is now transferred and posted at Government Middle School, Chunapathar, Block – Ramchandrapur, District - Balrampur – Ramanujganj. Petitioner aggrieved with which has submitted a representation before the committee constituted under the Rationalization Policy, 2025 and the Committee headed by the Divisional Commissioner has rejected the said representation. 3. He submits that the Committee has not considered all the grounds raised by the petitioner. The petitioner was teaching ‘English’ subject and erroneously, the petitioner is shown to be a surplus teacher and therefore, the order of the Committee dated 01.12.2025 is not sustainable. 4. On the other hand, learned counsel for the Respondents/State submits that the petitioner was posted subsequent to the Teacher who was earlier teaching ‘English’ subject and according to the Rationalization Policy, 2025, the teachers who have joined the place of posting subsequently, of the same subject, is to be treated as surplus teacher and accordingly, the 3 decision has been taken so that appropriate number of teachers can be posted in the appropriate ratio in all the schools. 5. I have heard learned counsel for the parties and perused the records enclosed along with the writ petition. 6. On due consideration of the submission of counsel for the respective parties, facts and circumstances of the case, nature of grievance raised by the petitioner and the fact that the petitioner has been posted subsequently to the Teacher who is already teaching ‘English’ subject in the school situated at Karaji, I do not find any error in the impugned order dated 01.12.2025 passed by the Divisional Committee constituted under the Rationalization Policy, 2025. Accordingly, the petition being sans merit is liable to be and is hereby dismissed. 7. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.01.09 18:04:50 +0530