✦ High Court of India

1 - Smt. Nirmala Dansena W/o Shri Bhola Ram Dansena Aged About 42 Years v. 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan

Case Details

1 2025:CGHC:25211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4863 of 2025 1 - Smt. Nirmala Dansena W/o Shri Bhola Ram Dansena Aged About 42 Years R/o Vijaya Indane Gas Bilaitanger, Post And Tahsil Patthalgaon, Distt. Jashpur Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur Chhattisgarh 2 - Joint Director School Education, Surguja Division, Ambikapur Chhattisgarh 3 - The Collector Office Of The Collector District - Jashpur Chhattisgarh 4 - The District Education District Education Office, District Jashpur Chhattisgarh 5 - The Block Education Officer Patthalgaon, District Jashpur Chhattisgarh --- Respondent(s) WPS No. 5030 of 2025

Legal Reasoning

1 - Niranjan Patel W/o Shri Damru Dhar Patel Aged About 50 Years R/o Village - Mahua Tikara, Patthalgaon, Dist. - Jashpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 2 - Joint Director School Education, Surguja Division, Ambikapur (C.G.) 3 - The Collector Office Of The Collector, District - Jashpur (C.G.) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.18 19:31:39 +0530 2 4 - The District Education Officer District Education Office, District - Jashpur (C.G.) 5 - The Block Education Officer Patthalgaon, District - Jashpur (C.G.) --- Respondent(s) WPS No. 5009 of 2025 1 - Smt. Shakun Sahu W/o Shri Ganga Prasad Sahu Aged About 45 Years Presently Working As Lecturer (L.B.) At Govt. Middle School, Kaitha, Block Bilaigarh, District : Sarangarh-Bilaigarh, 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 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Joint Director Education Division Raipur, District Raipur, Chhattisgarh. 4 - The Collector Sarangarh-Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh. 5 - The District Education Officer Sarangarh-Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh. 6 - The Block Education Officer Bilaigarh, District : Sarangarh-Bilaigarh, Chhattisgarh --- Respondent(s) WPS No. 4971 of 2025 1 - Smt. Ganga Kumari W/o Shri Anil Kumar Aged About 34 Years Presently Working As Assistant Teacher At Govt. Primary School, Kobiya, Block- Bemetara, District Bemetara, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3 - The Joint Director Education Division Raipur, District Raipur, Chhattisgarh. 3 4 - The Collector Bemetara, District Bemetara, Chhattisgarh. 5 - The District Education Officer Bemetara, District Bemetara, Chhattisgarh. 6 - The Block Education Officer Bemetara, District Bemetara, Chhattisgarh. --- Respondent(s) WPS No. 4958 of 2025 1 - Pritam Lal Sahu S/o Shri Mansing Sahu Aged About 44 Years Presently Working As Teacher At Govt. Middle School, Dautola, Block Ambagarh Chowki, District- Mohla Manpur Ambagarh Chowki (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 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - The Joint Director Education Division Raipur, District Raipur (C.G.) 4 - The Collector Mohla Manpur Ambagarh Chowki, District- Mohla Manpur Ambagarh Chowki (C.G.) 5 - The District Education Officer Mohla Manpur Ambagarh Chowki, District Mohla Manpur Ambagarh Chowki (C.G.) 6 - The Block Education Officer Ambagarh Chowki, District Mohla Manpur Ambagarh Chowki (C.G.) --- Respondent(s) WPS No. 4955 of 2025 1 - Kaushal Prasad Teli S/o Shri Laxman Prasad Teli Aged About 38 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary Schhol - Tatakasa, Block - Pandariya, District - Kabirdham 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 4 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 3 - The Joint Director Education Division Raipur, District Raipur Chhattisgarh 4 - The Collector Kabirdham District Kabirdham Chhattisgarh 5 - The District Education Officer Kabirdham District Kabirdham Chhattisgarh 6 - The Block Education Officer Pandariya, District Kabirdham Chhattisgarh For Petitioner(s) : Mr. Kaushal Yadav, Advocate. For Respondent(s) : Mr. S. Badgaiya, Dy. Govt. Advocate, Mr. S. Choubey, Panel Lawyer and Mr. Smita Jha, Panel Lawyer. --- Respondent(s) Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 18-06-2025 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 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 5 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 24 th 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

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