✦ High Court of India

1 - Mangal Singh Jagat S/o Shri Ram Charan Jagat Aged About 33 Years v. 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralya, Mahanadi Bhawan

Case Details

1 SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.26 10:40:01 +0530 2025:CGHC:27826 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6089 of 2025 1 - Mangal Singh Jagat S/o Shri Ram Charan Jagat Aged About 33 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School - Depopara, Block - Podi Uproda, District Korba, Resident Of Suryoday Chowk, Polmi, Silli Korba, District Korba, Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralya, 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 School Education Department, Division Bilaspur, District Bilaspur Chhattisgarh. 4 - Collector Korba, District Korba Chhattisgarh. 5 - District Education Officer Korba, District Korba Chhattisgarh. 6 - Block Education Officer Podi - Uproda, District Korba Chhattisgarh. --- Respondent(s) 2 WPS No. 6168 of 2025 1 - Nanda Kushwaha W/o Tribhuvan Kushwaha Aged About 40 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School - Rohidaspara, Block - Katghora, R/o Annapurna Vihar, H.T.P.S. Ward No.-37, Darri, Jamnipali, Korba, District - Korba (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through 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 School Education Department, Division Bilaspur, District - Bilaspur (C.G.) 4 - Collector Korba, District - Korba (C.G.) 5 - District Education Officer Korba, District - Korba (C.G.) 6 - Block Education Officer Katghora, District - Korba (C.G.) 7 - Block Education Officer Pali, District - Korba (C.G.) --- Respondent(s) WPS No. 6164 of 2025 1 - Sweta Bhanu W/o Mohnish Bhanu Aged About 32 Years Presently Working As Asistant Teacher (L.B.) At Govt. Primary School - Birbat, Block - Katghora, R/o Sardar Vallabhbhai Patel Nagar, Beside Kabir Bhawan, Jamnipali, District - Korba, Chhattisgarh ---Petitioner(s) Versus 3 1 - State Of Chhattisgarh Through 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 School Education Department, Division Bilaspur, District - Bilaspur (C.G.) 4 - Collector Korba, District - Korba (C.G.) 5 - District Education Officer Korba, District - Korba (C.G.) 6 - Block Education Officer Katghora, District - Korba (C.G.) 7 - Block Education Officer Pali, District - Korba (C.G.) --- Respondent(s) WPS No. 6141 of 2025

Legal Reasoning

1 - Manoj Kumar Banjare S/o Shri Ful Sai Banjare Aged About 43 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School Karra, Block - Podi Uproda, District Korba, Resident Of M - 73, Ward No. 62, Kuchena, Gavera Basti, Korba, District Korba, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through 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 School Education, Division Bilaspur District Bilaspur Chhattisgarh. 4 - Collector Korba, District Korba Chhattisgarh. 5 - District Education Officer Korba, District Korba Chhattisgarh. 6 - Block Education Officer Podi - Uproda, District Korba Chhattisgarh. --- Respondent(s) 4 WPS No. 6114 of 2025 1 - Smt. P. Shashi W/o P.L. Naidu Aged About 42 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School- Bhadrapara, Block- Katghora, Resident Of Village- Quarter No. H-10/ B, Irregation Colony Darri, District- Korba, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- 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 School Education Department, Division- Bilaspur, District Bilaspur (C.G.) 4 - Collector Korba, District Korba (C.G.) 5 - District Education Officer Korba, District Korba (C.G.) 6 - Block Education Officer Katghora, District Korba (C.G.) 7 - Block Education Officer Podiuproda, District- Korba, Chhattisgarh --- Respondent(s) For Petitioner(s) For Respondent(s) : : Mr. Shashikant Chouhan, Advocate Mr. Suyashdhar Badgaiya, Dy. G.A. Mr. Shreyansh Mehta, Panel Laywer Ms. Anuja Sharma, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 25/06/2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order and action of the respondents whereby the 5 petitioners have been 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 with irreparable loss. Therefore,

Decision

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. 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 05 days from today, and appear before the said Committee on 1st July, 2025. Thereafter, the Committee shall decide the representation of the petitioner 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 petitioner, the impugned 6 transfer order issued under Teacher Rationalization Instructions, so far as petitioner is concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. sagrika Sd/- (Ravindra Kumar Agrawal) Judge

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