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Case Details

1 2025:CGHC:24019 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4414 of 2025 1 - Jeevan Ram Sidar S/o Gorakh Nath Sidar Aged About 35 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School Pacheda, Block - Pussore, District - Raigarh (C.G.) 2 - Smt. Manjulata Bhoy W/o Meghnath Bhoy Aged About 39 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Aurda, Block - Pussore, District - Raigarh (C.G.) 3 - Dhaneshwar Sidar S/o Bansidhar Sidar Aged About 35 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Midmida, Block - Pussore, District - Raigarh (C.G.) 4 - Ramsagar Sidar S/o Sundar Lal Sidar Aged About 33 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Thengarudi, Block - Pussore, District - Raigarh (C.G.) 5 - Swarna Kumar Khunte S/o Nandu Ram Khunte Aged About 50 Years Presently Working As Assistant Teacher (L.B.) At Govt. Naveen Primary School, Dipapara Midmida, Block - Pussore, District - Raigarh (C.G.) 6 - Padaman Kumar Ratre S/o Chhotu Ram Ratre Aged About 40 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Amlibhouna, Block - Pussore, District - Raigarh (C.G.) 7 - Nirakar Kumar Mahana S/o Nandkishor Mahana Aged About 34 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Tadola, Block - Pussore, District - Raigarh (C.G.) 8 - Surendra Kumar Khare S/o Dayaram Khare Aged About 41 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Jakela, Block - Pussore, District - Raigarh (C.G.) 9 - Virendra Kumar Chouhan S/o Vedram Chouhan Aged About 32 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Jharmuda, Block - Pussore, District - Raigarh (C.G.) --- Petitioner(s) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.14 13:46:33 +0530 2 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 Bilaspur, District - Bilaspur (C.G.) 4 - Collector District - Raigarh (C.G.) 5 - District Education Officer Raigarh, District - Raigarh (C.G.) 6 - Block Education Officer Pussore, District - Raigarh (C.G.) --- Respondent(s) WPS No. 4438 of 2025

Legal Reasoning

1 - Smt. Gesulata Sahu W/o Somprakash Sahu Aged About 36 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Pond, Block - Chhura, District - Gariyaband (C.G.) 2 - Smt. Parwati Patel W/o Balkrishna Patel Aged About 36 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Kutena, Block - Chhura, District - Gariyaband (C.G.) 3 - Smt. Hemlata Nirmalkar W/o Mannulal Nirmalkar Aged About 39 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Sarkada, Block - Chhura, District - Gariyaband (C.G.) 4 - Sukhsagar Kurre S/o Ferha Ram Kurre Aged About 43 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Kugda, Block - Chhura, District - Gariyaband (C.G.) 5 - Smt. Shail Namdev W/o Santosh Namdev Aged About 43 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Rajankata, Block - Chhura, District - Gariyaband (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.) 3 4 - Collector District - Gariyaband (C.G.) 5 - District Education Officer Gariyaband, District - Gariyaband (C.G.) 6 - Block Education Officer Chhura, District - Gariyaband (C.G.) --- Respondent(s) WPS No. 4440 of 2025 1 - Cresencia Kujur D/o. Jowakin Kujur Aged About 47 Years Presently Working As Lecturer (Lb) At Govt. Higher Secondary School, Mahloi, Block - Tamnar, District - Raigarh (C.G.) 2 - Smt. Priyanka Dewangan W/o. Mahesh Kumar Dewangan Aged About 32 Years Presently Working As Teacher (Lb) At Govt. Middle School, Mahloi, Palgada, Block - Kharsia, District - Raigarh (C.G.) 3 - Bharti Kumari Sahu D/o. Jaipal Prasad Sahu Aged About 33 Years Presently Working As Lecturer (Lb) At Govt. Higher Secondary School, Tamnar, Block - Tamnar, District - Raigarh (C.G.) 4 - Smt. Rijhan Sahu W/o. Gajanand Sahu Aged About 35 Years Presently Working As Teacher (Lb) At Govt. Middle School, Chondha, Block - Kharsia, District - Raigarh (C.G.) 5 - Smt. Akhileshwari Patel W/o. Rajesh Kumar Patel Aged About 50 Years Presently Working As Lecturer (Lb) At Govt. Higher Secondary School, Tamnar, Block - Tamnar, District - Raigarh (C.G.) 6 - Rajesh Kumar Gupta S/o. Prahlad Gupta Aged About 50 Years Presently Working As Assistant Teacher (Lb) At Govt. Primary School, Tilaipara, Block- Tamnar, District - Raigarh (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 Bilaspur, District - Bilaspur (C.G.) 4 - Collector District - Raigarh (C.G.) 5 - District Education Officer Raigarh, District - Raigarh (C.G.) 6 - Block Education Officer Kharsia, District - Raigarh (C.G.) 4 7 - Block Education Officer Tamnar, District - Raigarh (C.G.) --- Respondent(s) WPS No. 4460 of 2025 1 - Om Prakash Patwa S/o Shanti Lal Patwa Aged About 40 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Karmandi, Block Korba, District Korba (C.G.) 2 - Smt. Falguni Yadav W/o Vishnu Prasad Yadav Aged About 46 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Ratija, Block Pali, District Korba (C.G.) 3 - Kamlesh Kharsan S/o Gajadhar Prasad Kharsan Aged About 44 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Nirdhi, Block Pali, District Korba (C.G.) 4 - Om Prakash Lasker S/o Badri Prasad Aged About 54 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Shivpur, Block Pali, District Korba (C.G.) 5 - Bodhram Nishad S/o Mohan Nishad Aged About 55 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Purani Basti Korba, Block Korba, District Korba (C.G.) 6 - Mahesh Kumar Nirmalkar S/o Late Mahesh Kumar Nirmalkar Aged About 45 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Sonsari, Block Pali, District Korba (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 Bilaspur, District Bilaspur (C.G.) 4 - Collector District Korba (C.G.) 5 - District Education Officer, Korba, District Korba (C.G.) 6 - Block Education Officer, Korba, District Korba (C.G.) 7 - Block Education Officer, Pali, District Korba (C.G.) --- Respondent(s) 5 WPS No. 4488 of 2025 1 - Smt. Janak Dulari Gaur W/o Hirday Ram Gaur Aged About 50 Years Presently Working As Teacher (L.B.) At Govt. Middle School Jhalmala, Block Balod, District Balod 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 Durg, District Durg Chhattisgarh. 4 - Collector District Balod Chhattisgarh. 5 - District Education Officer Balod, District Balod Chhattisgarh. 6 - Block Education Officer Balod, District Balod Chhattisgarh. --- Respondent(s) WPS No. 4537 of 2025 1 - Smt. Seema Ghewariya W/o Kapoor Chand Kahar Aged About 56 Years Presently Working As Teacher (L.B.) At Govt. Middle School Kodobatar , Block Gariyaband District - Gariyaband (C.G.) 2 - Smt. Neeta Sharma W/o Shailendra Sharma Aged About 52 Years Presently Working As Teacher (L.B.) At Govt. Middle School Baherabuda , Block Gariyaband District - Gariyaband (C.G.) 3 - Meena Dewangan D/o Suresh Dewangan Aged About 40 Years Presently Working As Teacher (L.B.) At Govt. Middle School Kugda , Block Chhura District - Gariyaband (C.G.) 4 - Thaneshar Prasad Nishad S/o Vishram Singh Nishad Aged About 46 Years Presently Working As Teacher (L.B.) At Govt. Middle School Kutena , Block Chhura District - Gariyaband (C.G.) 5 - Smt. Lalita Bansod W/o Kamlesh Bansod Aged About 50 Years Presently Working As Teacher (L.B.) At Govt. Middle School Pond , Block Chhura District - Gariyaband (C.G.) 6 - Smt. Dageshwari Sahu W/o Dugendra Kumar Sahu Aged About 42 Years Presently Working As Teacher (L.B.) At Govt. Middle School Gadaghat , Block Chhura District - Gariyaband (C.G.) 6 7 - Smt. Champa Sahu W/o Shailendra Kumar Sahu Aged About 43 Years Presently Working As Teacher (L.B.) At Govt. Middle School Rajankata , Block Chhura District - Gariyaband (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 Gariyaband (C.G.) 5 - District Education Officer Gariyaband District - Gariyaband (C.G.) 6 - Block Education Officer Gariyaband District - Gariyaband (C.G.) 7 - Block Education Officer Chhura District - Gariyaband (C.G.) (Cause title taken from Case Information System) ... Respondent(s) For Petitioners For Respondents/ State : : Mr. Govind Prasad Dewangan, Advocate Mr. Ajit Singh, Govt. Advocate Mr. Shreyansh Mehta, Panel Lawyer Ms. Anuja Sharma, Panel Lawyer Mr. Anmol Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 13/06/2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer orders and action of the respondents, whereby the petitioners have been declared surplus Teachers and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioners would submit that list of surplus Teachers published by the respondents is against the rationalization instructions, and the 7 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 with

Decision

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. Learned State counsel 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. 5. I have heard learned counsel for the parties and perused the pleadings and documents. 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 05 days from today, and appear before the said Committee on 19th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners within 07 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 petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stand disposed of. ved Sd/- (Ravindra Kumar Agrawal) Judge

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