1 - Shrikant Nishad S/o Shri Shankar Nishad Aged About 42 Years Working As v. 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education Government
Case Details
1 2025:CGHC:22523 NAFR AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.06.06 11:54:42 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4068 of 2025 1 - Shrikant Nishad S/o Shri Shankar Nishad Aged About 42 Years Working As Teacher (L.B.), Subject Mathematics, Government Promoted Middle School Thanaud, Block And District Durg, R/o House Number 378, Street Number 2, Deepak Nagar, District Durg - 491001. --- Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education Government Of Chhattisgarh, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 492002. 2 - The Director Directorate Of Public Instruction, C - Block, First Floor, Indravati Bhavan, Nawa Raipur Atal Nagar, District Raipur, Chhattisgarh. 3 - The District Collector District Durg Chhattisgarh And Also Serving As The President Of District Level Rationalization Committee, District Durg, Chhattisgarh. 4 - The Joint Director Education, Durg Division, In Front Of District Panchayat, G.E. Road, District Durg, Chhattisgarh. 5 - The District Education Officer District Durg, Chhattisgarh. 2
Legal Reasoning
6 - Shrimati Manjulata Verma Working As Teacher, Mathematics In Government Promoted Middle School Thanaud, Block And District Durg, Chhattisgarh. --- Respondent(s) WPS No. 4071 of 2025 1 - Premchand Soni S/o Late Radhelal Soni Aged About 53 Years Working As Teacher(L.B.) At Govt. Middle School, Rangole, Cluster Dhaurabhata, Block Pali, District Korba, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh. 3 - Collector District Korba, Chhattisgarh. 4 - District Education Officer, Korba, District Korba, Chhattisgarh. 5 - Block Education Officer Korba, District Korba, Chhattisgarh. --- Respondent(s) WPS No. 4078 of 2025 1 - Brijlal Pandey S/o Daulat Ram Pandey Aged About 51 Years Working As Teacher (L.B.), Government Middle School Gattipalana Block- Pharasgaon, District- Kondagaon C.G. ---Petitioner(s) Versus 3 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - The Divisional Joint Director Education Division, Bilaspur, District- Bilaspur (C.G.) 4 - The Collector District- Kondagaon Chhattisgarh. 5 - The District Education Officer Kondagaon, District- Kondagaon, Chhattisgarh. 6 - The Block Education Officer Pharasgaon, District - Kondagaon, Chhattisgarh. --- Respondent(s) WPS No. 4082 of 2025 1 - Moradhwaj Chauhan S/o Jwala Prasad Chauhan Aged About 46 Years Occupation - Teacher (L.B.) R/o- Arya Nagar Hanuman Chowk, Kohka Bhilai, District- Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Government Of Chhattisgarh, Department Of School Education, Mahanadi Bhawan, Capital Complex, Mantralaya, Naya Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, Indravati Bhawan, New Raipur, District- Raipur (C.G.) 3 - Collector Durg, District- Durg (C.G.) 4 4 - District Education Officer District - Durg, Chhattisgarh/member Secretary District Level Rationalization Committee, Durg (C.G.) --- Respondent(s) WPS No. 4085 of 2025 1 - Hemlata Sharma W/o Amitabh Sharma Aged About 41 Years Posted As Assistant Teacher At Govt. Primary School, Fandwani, District Mungeli Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan Atal Nagar Naya Raipur District Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur District Raipur Chhattisgarh 3 - Collector District Mungeli Chhattisgarh 4 - District Education Officer Mungeli, District Mungeli Chhattisgarh 5 - Block Education Officer Mungeli, District Mungeli Chhattisgarh --- Respondent(s) WPS No. 4089 of 2025 1 - Bajjoo Ram Netam S/o Shri Ghasiya Ram Netam Aged About 43 Years Presently Posted As Teahcer Lb At Government Upper Primary School, Manjhiborand, Block- Makdi, Distrit- Kondagaon, Chhattisgarh - 494226 ---Petitioner(s) Versus 5 1 - State Of Chhattisgarh Through Its Secretary, Department of School Education, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh - 492002 2 - Director, Directorate Of Public Instruction Indravati Bhawan, Naya Raipur, Chhattisgarh- 492002 3 - Collector Collector Complex, District- Kondagaon, Kondagaon- 494226 4 - District Education Officer District-Kondagaon, Kondagaon-494226 5 - Block Education Officer Block-Makdi, District- Kondagaon-494237 6 - State Of Chhattisgarh Through Secretary General Administration Department Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh - 492002 7 - Union Of India Through Secretary, Department Of School Education And Literacy, Shastri Bhawan, Dr Rajendra Prasad Rd, Rajpath Area, Central Secretariat New Delhi-110001 --- Respondent(s) WPS No. 4092 of 2025 1 - Manisha Sonpipre W/o Suresh Sonpipre Aged About 51 Years Currently Posted As Govt. Higher Secondary School, Adarsh Durg, District Durg, Chhattisgarh. ---Petitioner(s) Versus 6 1 - State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Collector District Durg, Chhattisgarh. 3 - District Education Officer District Durg, Chhattisgarh. 4 - Member Secretary, District Level Yuktiyuktkaran Samiti, District Durg, Chhattisgarh. 5 - Kiran Sharma Teacher (L.B.), Currently Posted As Govt. Higher Secondary School Adarsh Durg, District Durg, Chhattisgarh. --- Respondent(s) WPS No. 4095 of 2025 1 - Suresh Kumar Patel S/o Shri Girijanand Patel Aged About 44 Years Presently Posted Siksha Karmi Grade Ii/ Teacher L.B. Govt. Middle School Rajghata, Development Block Kharsiya District Raigarh Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya, Mahanadi Bhavan, Naya Raipur District Raipur Chhattisgarh 2 - Collector District Raigarh Chhattisgarh 3 - District Education Officer District Raigarh Chhattisgarh 4 - Block Education Officer Block Kharsiya, District Raigarh Chhattisgarh 7 5 - Jyoti Lahare Aged About 37 Years, Siksha Karmi Grade Ii/ Teacher L.B., Govt. Middle School, Rajghata, Development Block Kharsiya, District Raigarh Chhattisgarh --- Respondent(s) WPS No. 4101 of 2025 1 - Smt. Baijanti Sahu W/o Shri Lochan Prasad Sahu Aged About 40 Years Presently Posted As Assistant Teacher (L.B.) At Government Primary School, Rohina, Block- Basna, District - Mahasamund (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 - Collector, Mahasamund, District- Mahasamund (C.G.) 3 - Chief Executive Officer, District Panchayat, Mahasamund, District- Mahasamund (C.G.) 4 - District Education Officer, Mahasamund, District- Mahasamund (C.G.) 5 - Block Education Officer, Basna, District- Mahasamund (C.G.) 6 - Smt. Jyoti Verma D/o Shri Ramelal Verma Aged About 39 Years Presently Posted As Assistant Teacher (L.B.), Government Primary School, Rohina, Block- Basna, District- Mahasamund (C.G.) --- Respondent(s) 8 WPS No. 4102 of 2025 1 - Smt. Laxmi Dewangan W/o Umesh Dewangan Aged About 38 Years Working As Teacher (L.B.) At Govt. Middle School Kenwati, Block Kondagaon, District Kondagaon Chhattisgarh. ---Petitioner(s) Versus 1 - State of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 3 - Joint Director Education Division Bastar, District Bastar Chhattisgarh. 4 - Collector District Kondagaon Chhattisgarh. 5 - District Education Officer Kondagaon, District Kondagaon Chhattisgarh. 6 - Block Education Officer Kondagaon, District Kondagaon Chhattisgarh. --- Respondent(s) For Respective Petitioner(s) : Mr. Ashwin Panickar, Mr. Govind Prasad Dewanga, Mr. Akash Pandey, Mr. R.K. Verma, Devashish Tiwari, Mr. P. Chetan Kumar, Ms. Zainab Mustafa Vanak, Advocates. For Respondent(s)/State For Respondent/Union of : Mr. R.S. Marhas, Addl. A.G. : Mr. Ramakant Mishra, D.S.G.I. India (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 05/06/2025 9 1. Since the identical issues involved in the above mentioned writ petitions, they are being heard and decided by this common order. 2. By way of these writ petitions, the petitioners are challenging the action of the respondents, whereby the petitioners have been declared as surplus teacher and consequently transferred under the School and Teacher Rationalization Policy by the order of Additional Secretary, Department of School Education. 3. Learned counsel for the petitioner would submit that the list of surplus teachers published by the respondents is against the policy and the same is arbitrary as the opportunity of hearing was not given to the petitioners herein, and if the petitioners are not granted interim relief, they will suffer irreparable loss. Therefore, the impugned orders is liable to be set aside. 4. Learned counsel for the State would submit that only select list has been published by the respondent authorities and called the petitioners for counseling and no transfer order has been passed till the date of filing of these writ petitions. He would also submit, on instruction, that one opportunity of hearing will be granted to the petitioners and if the petitioners file representations for redressal of their grievance before the competent authority, the same will be considered by in accordance with law. 5. I have heard learned counsel for the parties and perused the pleadings and documents. 10 6. In view of the above, the petitioners are at liberty to make representations before the competent authority for redressal of their grievance, which will be considered and decided by the competent authority in accordance with law/rules/policy/regulation.
Decision
7. With the aforesaid observation and direction, the writ petitions are disposed of. SD/- (Arvind Kumar Verma) Judge Amardeep/Ankit