Nafr High Court
Case Details
1 ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.14 14:51:07 +0530 2025:CGHC:24033 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4299 of 2025 1 - Puranik Nagesh S/o Shri Dayaram Nagesh Aged About 49 Years Teacher (L.B.), Govt. Middle School Bharuwamuda, 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.) --- Respondent(s) WPS No. 4403 of 2025
Legal Reasoning
1 - Smt. Savitri Khuntey W/o Dayaram Khuntey Aged About 46 Years Teacher (L.B.), Govt. Middle School Durpa, Block- Katghora, District- Korba (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 Instruction, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.) 2 3 - District Education Officer Korba, District- Korba (C.G.) 4 - Bhanu Yadav Presently Working As Teacher (L.B.), Govt. Middle School Durpa, Block Katghora, District- Korba (C.G.) --- Respondent(s) WPS No. 4416 of 2025 1 - Smt. Parwati Bande W/o Shri Vishnu Bande Aged About 43 Years Teacher (L.B.), Govt. Middle School Kasekera, 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 Instruction, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District- Raipur (C.G.) 3 - District Education Officer Gariyaband, District- Gariyaband (C.G.) --- Respondent(s) WPS No. 4428 of 2025 1 - Smt. Shashi Prabha Waghmare W/o Shri Umesh Kumar Waghmare Aged About 45 Years Lecturer (L.B.) Biology, Govt. High School Madanar, Block Kondagaon, District Kondagaon (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 3 - District Education Officer Kondagaon, District Kondagaon (C.G.) 4 - Pratibha Yadav Presently Working As Guest Teacher (Biology), Govt. High School Madanar, Block Kondagaon, District Kondagaon (C.G.) --- Respondent(s) WPS No. 4432 of 2025 1 - Kamlesh Banjare S/o Shri Dharmu Ram Banjare Aged About 37 Years Assistant Teacher (L.B.), Govt. Primary School Jutmil Labour Colony, Raigarh, Block Raigarh District Raigarh Chhattisgarh ---Petitioner(s) 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, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - Collector Raigarh District Raigarh Chhattisgarh 4 - District Education Officer Raigarh District Raigarh Chhattisgarh 5 - Smt. Kamla Maharshi Presently Working As Assistant Teacher (L.B.), Govt. Primary School Sonumuda, Block Raigarh, District Raigarh Chhattisgarh --- Respondent(s) WPS No. 4435 of 2025 1 - Smt. Shahjabee W/o Mohd. Gaush Aged About 40 Years Teacher (L.B.), Govt. Middle School Kusmunda Project, Block - Katghora, District - Korba (C.G.) ---Petitioner(s) Versus 4 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 Korba, District - Korba (C.G.) 4 - Bedram Dilawar Presently Working As Teacher (L.B.), Govt. Middle School Kusmunda Project, Block - Katghora, District - Korba (C.G.) --- Respondent(s) WPS No. 4459 of 2025 1 - Smt. Pratibha Tiwari W/o Dinesh Tiwari Aged About 50 Years Teacher (L.B.), Govt. Middle School Podi (Sakri), Block Takhatpur, District Bilaspur Chhattisgarh. ---Petitioner(s) 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 Bilaspur, District Bilaspur Chhattisgarh. 4 - Shashibhushan Mersa Presently Working As Teacher (L.B.), Govt. Middle School Podi (Sakri), Block Takhatpur, District Bilaspur Chhattisgarh. --- Respondent(s) WPS No. 4471 of 2025 1 - Smt. Kavita Parmar W/o Shri Mukesh Singh Parmar Aged About 43 Years Teacher (L.B.), Govt. Boys Middle School Panduka- T, Block Chhura, District Gariyaband, Chhattisgarh. ---Petitioner(s) 5 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. --- Respondent(s) WPS No. 4436 of 2025 1 - Smt. Hempushpa Chandra W/o Gitesh Kumar Chandra Aged About 37 Years Teacher (L.B.), Govt. Middle School Ghuthiya, Block Nawagarh, District Janjgir Champa Chhattisgarh. ---Petitioner(s) 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 - Divisional Joint Director (Education) Bilaspur Division, Bilaspur, District Bilaspur Chhattisgarh. 4 - Kedarnath Swarnakar Presently Working As Teacher (L.B.), Govt. Middle School Ghuthiya, Block Nawagarh, District Janjgir Champa Chhattisgarh. --- Respondent(s) 6 WPS No. 4481 of 2025 1 - Sulochana Netam W/o Bhupendra Netam Aged About 41 Years Teacher (L.B.), Govt. Girls Hostel Bhanpuri (Karandola), District Bastar Chhattisgarh. ---Petitioner(s) 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 - Disrict Education Officer Bastar, District Bastar Chhattisgarh. 4 - Smt. Hemlata Bharti Teacher (L.B.) Govt. Girls Hostel Bhanpuri (Karandola), District Bastar Chhattisgarh. --- Respondent(s) WPS No. 4449 of 2025 1 - Santosh Kumar Meravi S/o Shri Amar Singh Meravi Aged About 46 Years Teacher (L.B.) Govt. Middle School Kalyanpur, Block S, Lohara District - Kabirdham (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 Instruction, Directorate, Indrawati Bhawan, Nava Raipur Atal Nagar District - Raipur (C.G.) 3 - District Education Officer Kabirdham District - Kabirdham (C.G.) 7 4 - Sanjeevan Singh Meravi Teacher (L.B.) Govt. Middle School Kalyanpur Block S. Lohara District - Kabirdham (C.G.) --- Respondent(s) WPS No. 4518 of 2025 1 - Nirmal Kumar Sinha S/o Shri Nand Kumar Aged About 45 Years Lecturer (L.B.) Biology, Govt. Higher Secondary School Badebendri, Block Kondagaon, District Kondagaon (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 Kondagaon, District Kondagaon (C.G.) 4 - Ku. Rupali Shukla Presently Working As Guest Teacher (Biology), Govt. Higher Secondary School Badebendri, Block Kondagaon, District Kondagaon (C.G.) --- Respondent(s) For Petitioner(s) : Mr. C. Jayant K. Rao, Advocate. For Respondent(s) : Mr. Ajit Singh, Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 13-06-2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioners would submit that list of surplus Teachers 8 published by the respondents are against the rationalization instructions and the same is arbitrary as no proper opportunity of hearing was given to the petitioners and if the petitioners are not granted interim relief, they will suffer
Decision
with irreparable loss. Therefore, the impugned order is liable to be set aside. 3. 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 further submit that if the petitioners 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. 4. I have heard learned counsel for the parties and perused the pleadings and documents. 5. In view of submissions made by learned counsel for the parties, the petitioners 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 petitioners 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 the petitioners, the impugned transfer order issued under Teacher Rationalization Instructions, so far as the petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Alok Sd/- (Ravindra Kumar Agrawal) Judge