✦ High Court of India

High Court of Chhattisgarh

Case Details

1 Digitally signed by INDRAJEET SAHU Date: 2025.06.13 17:36:28 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4199 of 2025 NAFR 1 - Tulsi Ram Kashyap S/o Late Same Lal Kashyap Aged About 39 Years Working As Assistant Teacher (L.B.) At Govt. Primary School Navapara, Center Jenjra, Block Katghora, District Korba (C.G.) versus --- Petitioner(s) 1 - State Of Chhattisgarh Through Secretary, Department Of School Education District Raipur (C.G.) Mahanadi (C.G.) Korba District 2 - 3 - Block Education Officer Block Katghora, District Korba (C.G.) Mantralaya New Raipur, Education Officer Bhawan, Korba, District ---Respondent(s) WPS No. 4202 of 2025 1 - Gloria Kujur W/o Tanish Toppo Aged About 52 Years Working As Teacher (L.B.), Government Middle School Kuruwan, Block Surajpur, District Surajpur, Chhattisgarh. 2 - Vinod Kumar Minj W/o Francis Minj Aged About 44 Years Working As Teacher (L.B.), Government Middle School Kuruwan, Block Surajpur, District Surajpur, Chhattisgarh. Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - The Divisional Joint Director Education Division, Ambikapur, District Sarguja, Chhattisgarh. 4 - The Collector District Surajpur, Chhattisgarh. 5 - The District Education Officer Surajpur, District Surajpur, Chhattisgarh. 6 - The Block Education Officer Surajpur, District Surajpur, Chhattisgarh. --- Respondent(s) WPS No. 4223 of 2025 1 - Tomendra Kumar S/o. Niranjan Singh Aged About 35 Years Working As Teacher (L.B.), Government Middle School, Borenda, Block - Patan, District - Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 2 - The Director Directorate Of Public Instructions, Indravati, Bhawan, Atal Nagar, Nawa Raipur, Dist. Raipur (C.G.) 3 - The Divisional Joint Director Education Division, Durg, District - Durg (C.G.) 2 4 The Collector Dist. Durg (C.G.) 5 - The District Education Officer Durg, Dist. Durg (C.G.) 6 - The Block Education Officer Patan, Dist. Durg (C.G.)

Legal Reasoning

WPS No. 4231 of 2025 1 - Smt. Shilpi Singh W/o Shri Gurjeet Singh Aged About 44 Years Occupation- Teacher (Lb) (Maths), Government Middle School Ruabandha Block And Distt. Durg (Cg) --- Respondent(s) Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through- The Secretary, Department Of School Education, Mahanadi Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - The Director Public Instruction Department, Indrawati Bhawan, Post Office Mantralaya, P.S. Rakhi, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - The Divisional Joint Director Public Instruction, Division Durg, Distt. Durg (Cg) 4 - The District Education Officer Durg Distt. Durg (Cg) 5 - The Block Education Officer Durg Distt. Durg (Cg) --- Respondent(s) WPS No. 4235 of 2025 1 - Smt. Vibhuti Kamalwanshi W/o. Shri Dwas Ram Kamalwanshi Aged About 41 Years Teacher (L.B.), Govt. Girls Middle School Devri, Block Bhatapara, Dist. Balodabazar-Bhatapara (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Dist. Raipur (C.G.) 2 - Director, Public Instructions, Directorate Indrawati Bhawan, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 3 - District Education Officer Balodabazar-Bhatapara, Dist. Balodabazar-Bhatapara (C.G.) 4 - Bhagvendra Dev Patel Presently Working As Teacher (L.B.), Govt. Girls Middle School Devri, Block Bhatapara, Dist. Balodabazar-Bhatapara (C.G.) --- Respondent(s) WPS No. 4237 of 2025 1 - Sanjay Kumar Mishra S/o Daya Shankar Mishra Aged About 55 Years Working As Teacher (L.B.), Government Middle School Givarganj Block- Surajpur, District- Surajpur C.G. 2 - Seema Kushwaha W/o Chandra Dutta Kushwaha Aged About 42 Years Working As Teacher (L.B.), Government Middle School Givarganj Block- Surajpur, District- Surajpur C.G. 3 - Manjulata Singh W/o Abhimanyu Singh Aged About 51 Years Working As Teacher (L.B.), Government Middle School Givarganj Block- Surajpur, District- Surajpur C.G. 4 - Pushpa Jaiswal W/o Ashok Kumar Jaiswal Aged About 60 Years Working As Teacher (L.B.), Government Middle School Givarganj Block- Surajpur, District- Surajpur C.G. ---Petitioner(s) 3 Versus 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, Ambikapur, District- Sarguja (C.G.) 4 - The Collector District Surajpur, Chhattisgarh 5 - The District Education Officer Surajpur, District- Surajpur Chhattisgarh 6 - The Block Education Officer Surajpur, District- Surajpur, Chhattisgarh WPS No. 4238 of 2025 --- Respondent(s) 1 - Tuka Ram Sinha S/o Shri Ude Ram Sinha Aged About 40 Years Presenlty Working As Teacher (L.B.) At Govt. Middle School Banroud, Block Nagri, District- Dhamtari (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - Joint Director Education Division Raipur, District Raipur (C.G.) 4 - Collector District Dhamtari (C.G.) 5 - District Education Officer Dhamtari, District Dhamtari (C.G.) 6 - Block Education Officer Nagri, District Dhamtari (C.G.) --- Respondent(s) WPS No. 4241 of 2025 1 - Naresh Singh Kanwar S/o Chitrabhan Singh Aged About 36 Years Working As Lecturer At Govt. H. S. School Ravandiggi Gariyaband, District Gariyaband, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh. 2 - District Education Officer Gariyaband, District Gariyaband, Chhattisgarh. 3 - Gajendra Kumar Sahu Lecturer Govt. H.S. School Ravandiggi Gariyaband, District Gariyaband, Chhattisgarh. --- Respondent(s) 4 WPS No. 4242 of 2025 1 - Smt. Kamna Pandey W/o Shri Piyush Pandey Aged About 53 Years Posted As- Lecturer (Biology), At- Govt. Hr. Sec. School Deorikhurd, Block- Bilha, District- Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Its Secretary, Department Of School Education, Mantralay, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.) 2 - The Director Public Instructions, Chhattisgarh H.Q.- Indrawati Bhawan, Atal Nagar, Raipur, Distt.- Raipur (C.G.) 3 - The Collector District- Bilaspur (C.G.) 4 - The Joint Director School Education Division, Bilaspur, Distt.- Bilaspur (C.G.) 5 - The District Education Officer Cum Secretary District Yuktiyutkaran Samiti, Bilaspur, District- Bilaspur (C.G.) 6 - Dr. Seema Yadav Lecturer (Biology), At- Govt. Hr. Sec. School, Deorikhurd, Block- Bilha, District- Bilaspur (C.G.) --- Respondent(s) WPS No. 4244 of 2025 1 - Khemchand Dewangan S/o Shri Hanuman Prasad Dewangan Aged About 43 Years Teacher (L.B.), Govt. Middle School Kanesar, Block - Chhura, 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 - District Education Officer Gariyaband, District - Gariyaband (C.G.) 4 - Smt. Swati Sahu Presently Working As Teacher (L.B.), Govt. Middle School Kanesar, Block - Chhura, District - Gariyaband (C.G.) --- Respondent(s) WPS No. 4246 of 2025 1 - Smt. Shashi Chandrakar W/o Krishna Kumar Chandrakar Aged About 49 Years Posted As- Lecturer (Biology), At- P.G. Umathe Govt. Swami Atmanand Hindi Medium Hr. Sec. School, Shanti Nagar, Raipur, District- Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Its Secretary, Department Of School Education, Mantralay, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.) 5 2 - The Director Public Instructions, Chhattisgarh H.Q.- Indrawati Bhawan, Atal Nagar, Raipur, Distt.- Raipur (C.G.) 3 - The Collector District- Raipur (C.G.) 4 - The District Education Officer Cum Secretary District Yuktiyutkaran Samiti, District- Raipur (C.G.) 5 - Smt. Anju Parmar Lecturer (Biology) At- P.G. Umathe Govt. Swami Atmanand Hindi Medium Hr. Sec. School, Shanti Nagar, Raipur, District- Raipur (C.G.) --- Respondent(s) WPS No. 4248 of 2025 1 - Kamal Singh Diwan S/o Shri Milap Ram Diwan Aged About 34 Years Teacher (L.B.), Govt. Middle School Gondlabahra, Block - Chhura, 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 - District Education Officer Gariyaband, District - Gariyaband (C.G.) 4 - Jawahar Lal Sahu Presently Working As Teacher (L.B.), Govt. Middle School Gondlabahra, Block - Chhura, District - Gariyaband (C.G.) --- Respondent(s) WPS No. 4252 of 2025 1 - Ram Kumar Sahu S/o. Shri Sukharu Ram Sahu Aged About 45 Years Teacher (L.B.), Govt. Middle School, Kamraj, Block - Chhura, Dist. Gariyaband (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, Dist. Raipur (C.G.) 2 - Director, Public Instructions, Directorate Indrawati Bhawan, Nava Raipur, Atal Nagar, Dist. Raipur (C.G.) 3 - District Education Officer Gariyaband, Dist. Gariyaband (C.G.) 4 - Dakesh Kumar Sahu Presently Working As Teacher (L.B.), Govt. Middle School Kamraj, Block- Chhura, Dist. Gariyaband (C.G.) --- Respondent(s) WPS No. 4254 of 2025 1 - Gautam Thakur S/o Shri Jairam Thakur Aged About 35 Years Teacher (L.B.), Govt. Middle School, Lohjhar, Block Chhura, District Gariyaband, Chhattisgarh. ---Petitioner(s) 6 Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Director Public Instructions, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - District Education Officer Gariyaband, District Gariyaband, Chhattisgarh. 4 - Meenu Dhruw Presently Working As Teacher (L.B.), Govt. Middle School, Lohjhar, Block Chhura, District Gariyaband, Chhattisgarh. --- Respondent(s) WPS No. 4261 of 2025 1 - Avinash Pratap Jaiswal S/o Kailash Kumar Jaiswal Aged About 39 Years Working As Assistant Teacher (L.B.), Government Primary School Rameshwearpur Block - Surajpur, District Surajpur Chhattisgarh. Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - The Director Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3 - The Divisional Joint Director Education Division, Ambikapur, District Sarguja Chhattisgarh. 4 - The Collector District Surajpur, Chhattisgarh. 5 - The District Education Officer Surajpur, District Surajpur Chhattisgarh. 6 - The Block Education Officer Surajpur, District Surajpur Chhattisgarh. WPS No. 4262 of 2025 1 - Vinod Kumar Rajput S/o Shri Jagannath Prasad Aged About 47 Years Occupation - Assistant Teacher, Govt. Primary School Lokhandi, Vikaskhand - Takhatpur, R/o Village - Lokhandi, Tahsil And District - Bilaspur (C.G.) --- Respondent(s) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Naya Raipur, District - Raipur (C.G.) 2 - Sanchalak Lok Shikshan Sanchalanalaya Chhattisgarh, Naya Raipur, District - Raipur (C.G.) 3 - Collector / Adhyaksh Jila Stariya Yuktiyuktkaran Samiti, Bilaspur, District - Bilaspur (C.G.) 4 - Jila Shiksha Adhikari Bilaspur, District - Bilaspur (C.G.) 5 - Vikaskhand Shiksha Adhikari Takhatpur, District - Bilaspur (C.G.) 7 WPS No. 4264 of 2025 --- Respondent(s) 1 - Smt. Tarla Sahu W/o. Shri Kantilal Sahu Aged About 55 Years Profession- Teacher, Kala Shasakiya Purva Madhyamik Kanya School, Chichirda, Block- Takhatpur, R/o. Village - Chichirda, Tehsil- Takhatpur, District - Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Naya Raipur, Dist. Raipur (C.G.) 2 - Sanchalak Lok Shikshan Sanchalanalaya, Chhattisgarh, Naya Raipur, Dist. Raipur (C.G.) 3 - Collector/chairman District Level Rationalisation Committee, Dist. Bilaspur, (C.G.) 4 - District Education Officer Bilaspur, Dist. Bilaspur (C.G.) 5 - Block Education Officer Takhatpur, Dist. Bilaspur (C.G.) --- Respondent(s) WPS No. 4265 of 2025 1 - Smt. Sangeeta Chouhan W/o Shri Ravishankar Chouhan Aged About 45 Years Presently Posted As Assistant Teacher (L.B.) At Government Primary School Gondpara Bilha, Block Bilha, District - Bilaspur (C.G.) Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya Mahanadi Bhawan Atal Nagar Nawa Raipur (C.G.) 2 - Director Directorate Of Public Instructions Indrawati Bhawan Atal Nagar Nawa Raipur (C.G.) 3 - Collector Bilaspur District - Bilaspur (C.G.) 4 - District Education Officer Bilaspur District - Bilaspur (C.G.) 5 - Block Education Officer Bilha District- Bilaspur (C.G.) --- Respondent(s) WPS No. 4274 of 2025 1 - Smt. Rukhmani Purena W/o. Shri H.N. Purena Aged About 40 Years Posted As- Lecturer (Commerce), At- Govt. Hr. Sec. School, Chhuri, Block- Katghora, Dist. Korba (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- Its Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Dist. Raipur (C.G.) 2 - The Director Public Instructions, Chhattisgarh, H.Q. Indrawati Bhawan, Atal Nagar, Raipur, Dist. Raipur (C.G.) 3 - The Collector District - Korba (C.G.) 8 4 - The District Education Officer Cum Member Secretary District Yuktiyuktkaran Samiti, Korba, Dist. Korba (C.G.) 5 - Smt. Priti Sahu Lecturer (Commerce), At- Govt. Hr. Sec. School, Pali, Block- Pali, Dist. Korba (C.G.) --- Respondent(s) For Petitioners For State : : Shri GP Mathur, Shri RK Kesharwani, Shri Abdul Wahab Khan, Shri RK Verma, Shri Vipin Tiwari, Shri CJK Rao, Shri Jeet Patel, Shri Shashi Kushwaha, Ms. Juhi Anguriya and Ms. Priyanka Rai, Advocates. Shri Vinay Pandey, Dy. AG along with Shri Ajit Singh, Govt. Advocate, Ms. Smita Jha, Shri Kawaljeet Singh Saini, Shri Santosh Bharat, Ms. Anuja Sharma and Shri Shreyansh Mehta, Panel Lawyers. Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Decision

Order on Board 13.06. 202 5 1. Since common facts and issues involved in these writ petitions, they are being heard and decided together by this common order. 2. By way of these writ petitions, the petitioner(s) is/are challenging the impugned transfer order and action of the respondents whereby the petitioner(s) have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 3. Learned counsel for the petitioner(s) would submit that list of surplus Teachers published by the respondents is against the rationalization instructions and the same is arbitrary as no proper opportunity of hearing was given to the petitioner(s) and if the petitioner(s) are not granted interim relief, they will suffer with irreparable loss. Therefore, the impugned order is liable to be set aside. 4. Learned counsel for the State would submit that after due verification of records the petitioners have been transferred under the rationalization instructions issued by the State Government. He would 9 further submit that if the petitioner(s) are having any grievance, they may move fresh representation before the concerned District Rationalization Committee and the Committee will take a decision on their representation in accordance with law within a stipulated period. 5. I have heard learned counsel for the parties and perused the pleadings and documents. 6. In view of submissions made by learned counsel for the parties, the petitioner(s) are directed to make fresh representation before the concerned District Rationalization Committee within a period of five days from today and appear before the said Committee on 19th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner(s) within seven days from the date of receipt of representation in accordance with law in objective manner. Till decision on the representation is communicated to respective petitioner(s), the impugned transfer order issued under Rationalization Instructions, so far as petitioner(s) are concerned, be kept in abeyance. 7. With the aforesaid observation and direction, all the writ petitions stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge inder

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