1 / 6 2026:CGHC:6384 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1356 of 2026 Subhash Mishra S/o Shri Vijay Kumar Mishra, Aged About 49 Years Occupation Assistant Teacher (L.B.) Posted At Govt. Primary School Patewa, Block Abhanpur, District - Raipur Permanent R/o Village Tarri, Post Patewa, District- Raipur (C.G.) ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - Director, Directorate Of Public Instruction, Indrawati Bhawan, Mantralaya Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 3 - The Commissioner Raipur Division / President Of Divisional Rationalization Committee, Raipur (C.G.) 4 - The Joint Director/ Secretary, Divisional Rationalization Committee, Education Division Raipur (C.G.) 5 - The Collector Raipur/ President Of District Level Rationalization Committee, District- Raipur (C.G.) 2 / 6 6 - District Education Officer Raipur / Secretary Of District Level Rationalization Committee, District- Raipur (C.G.) 7 - Block Education Officer Abhanpur, District- Raipur (C.G.) 8 - Smt. Ekeshwari Sahu, Occupation Assistant Teacher (L.B.) Posted At Govt. Primary School Patewa, Block Abhanpur, District- Raipur (C.G.) 9 - Ishwar Ram Sahu, Occupation Assistant Teacher (L.B.) Posted At Govt. Primary School Patewa, Block Abhanpur, District- Raipur (C.G.) ... Respondents For Petitioner : Mr. Roop Ram Naik, Advocate assisted by Mrs. Manju Naik, Advocate For State : Mr. Ajay Kumrani, Panel lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 04.02.2026 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction to set-aside/quash the impugned order dated 05.06.2025 (Annexure P-1) issued by the respondent no. 6 order dated 04.07.2025 issued by the respondent no. 6 (Annexure P-2), order dated 15.09.2025 (Annexure P-3) issued by the respondent no. 4 and order dated 06.01.2026 issued by the respondent no. 2 (Annexure P-4). 10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction against the respondent authority to permit the petitioner to work at Government Primary School Patewa, Block Abhanpur, District Raipur (C.G.). 10.3 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/order/direction by calling all record of pertaining to grievance of the petitioner as well as list of surplus teacher 3 / 6 and their respective order whereby they have been posted from one place to another place. 10.4 That, any appropriate writ, direction or order may kindly be passed in favour of the petitioner, which this Hon’ble Court deems fit in the circumstances of the case.” 2. Learned counsel for petitioner submits that petitioner is posted as Assistant Teacher (L.B.) at Government Primary School, Patewa, Block Abhanpur, District Raipur. Under the rationalization policy petitioner was transferred from his present place of posting to Government Primary School, Balaudkhurd, Block Tilda, District Raipur. He submits that petitioner is senior to respondent no. 8 and 9 and therefore, according to policy formulated by State Government for posting of the teachers in surplus, junior teachers are to be declared as surplus, whereas respondent no. 9 who is posted in Govt. Primary School Patewa, Block Abhanpur, District Raipur in the year 2016 is not declared surplus teacher and therefore, there is irregularity on the part of State Government in identifying and posting of the surplus teachers. 3. Learned counsel for State opposes the submission made by learned counsel for petitioner and would submit that the exercise of declaration of surplus teachers, their posting is done strictly according to the policy formulated by State Government Annexure P-8 dated 02.08.2024. He submits that the authorities have identified 645 surplus teachers in District- Raipur and name of respondent no. 9 is mentioned at serial no. 361 in the list of surplus teachers, as per the instructions received by him, therefore, the submission made by learned counsel for petitioner that respondent no. 9 has not been declared to be surplus teacher being teacher joined in Govt. Primary School at Patewa after the petitioner is not correct. He further submits that so far as the 4 / 6 counseling of surplus teachers identified by authorities is concerned, firstly the senior in gradation list are required to be called for counseling first and only thereafter the teachers below in gradation list are to be considered. Post of Assistant Teacher were lying vacant in Raipur District and accordingly, the surplus teachers from the list of 645 were called for counseling based on their seniority in gradation list and, therefore, there is no error or irregularity on the part of respondent department in posting of petitioner who is also surplus teacher and his name finds place in surplus teacher, prepared by respondent no. 6. 4. He further submits that as after fulfilling 283 post through counseling, no further orders has been passed for other surplus teachers who were identified, because there was no vacant post available for their posting and due to this reason they remain posted in earlier school. 5. At this stage, learned counsel for petitioner would submit that petitioner is posted in Abhanpur Block and, therefore, petitioner is entitled to be posted in same block. He submits that as far as Abhanpur Block where petitioner was earlier posted, 132 teachers have been identified to be surplus teachers, according to list prepared and as per his information for 37 vacant posts called only 63 teachers out of 132 for counseling and, thereby respondents have committed irregularity, in not changing place of posting of 69 teachers, juniors to petitioner in cadre. 6. I have heard learned counsel for the respective parties and perused the documents enclosed along with this writ petition. 7. The State Government under the rationalization policy to provide proper number of teachers in each of the schools running within the Block and District have started a proceeding for identifying surplus 5 / 6 teachers and to post them in vacant places. For identifying and posting of surplus teachers, policy was formulated on 02.08.2024 by the State Government. In the policy State Government has incorporated a specific clause for identifying the teacher to be surplus in a particular school as mentioned in clause 7(4) that the teacher who has joined or posted in that school at later point of time. 8. The main grievance of petitioner is that the respondent no. 9 has joined service in the year 2016 much after the petitioner, but has not been identified as surplus. This submission of counsel for petitioner has been controverted by respondent-State stating that respondent no. 9 was also identified to be surplus teacher, is placed at serial no. 361 in list of 645 surplus teacher. In view of above submission of counsel for respondent State, submission of counsel for petitioner that respondent no. 9 was not declared as surplus is not acceptable and is accordingly, repelled. 9. So far as the second submission made by learned counsel for petitioner that junior teachers were kept to be posted in earlier place of posting though declared surplus may be according to the policy formulated by the State Government to post the surplus teacher in the vacant post. The State Government has considered and decided to give priority to the senior teachers in the Gradation list for their posting in the vacant post first on the basis of counseling which means first senior teachers according to their seniority were called for counseling showing them the schools were the post of subject teachers is lying vacant so as to give the preference based on their seniority to opt the place of posting at nearby school available with vacant post. 6 / 6 10. It is not the case of petitioner that respondent authority has not acted upon the policy formulated by State Government but the only grievance is that junior teachers were kept posted in the earlier place of posting as they were declared surplus. In this case policy formulated is not under challenge. 11. For the forgoing discussion, I do not find any irregularity on the part of respondent department in posting of petitioner who is declared to be surplus teacher in the Govt. Primary School Patewa, block Abhanpur, District Raipur or they have acted in contravention of any clause of policy formulate by State Government. 12. Accordingly, this writ petition being sans merit is liable to be and is hereby dismissed. No order as to cost(s). Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.02.07 15:37:45 +0530