✦ High Court of India

1 - Sunil Xalxo S/o Shri Musa Xalxo Aged About 47 Years Working As v. 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan

Case Details

1 2025:CGHC:26068 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5325 of 2025 1 - Sunil Xalxo S/o Shri Musa Xalxo Aged About 47 Years Working As Teacher (L.B.) At Higher Secondary School Manoharpur, Block Shankargarh District Balrampur Ramanujganj Chhattisgarh. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - The Director Public Instruction Directorate First Floor, C - Block, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh. 3 - The Collector District Balrampur Ramanujganj Chhattisgarh. 4 - The District Education Officer District Balrampur Ramanujganj Chhattisgarh. 5 - The Block Education Officer Block Shankargarh, District Balrampur Ramanujganj Chhattisgarh. 6 - The Secretary Rationalization Committee Cum District Education Officer, District Balrampur Ramanujganj Chhattisgarh. --- Respondent(s) WPS No. 5544 of 2025 1 - Pahluram Kushwaha S/o Dasaram Kushwaha Aged About 55 Years Working As - Assistant Teacher (L.B.), At Primary School Hadinadi, Block - Wadarafnagar, District Balrampur-Ramanujganj (C.G.) ---Petitioner(s) Versus VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.21 12:04:21 +0530 2 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.)

Legal Reasoning

2 - The Director Public Instruction Directorate, First Floor, C-Block, Indravati Bhawan, Nawa Raipur, District - Raipur (C.G.) 3 - The Collector District Balrampur-Ramanujganj (C.G.) 4 - The District Education Officer District Balrampur-Ramanujganj (C.G.) 5 - The Block Education Officer Block - Wadarafnagar, District Balrampur- Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District Balrampur-Ramanujganj (C.G.) --- Respondent(s) WPS No. 5503 of 2025

Legal Reasoning

1 - Sukhdev Ram Bek S/o Shri Baldev Ram Aged About 43 Years Working As Assistant Teacher At Primary School Amdari Block Rajpur District - Balrampur - Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan Nawa Raipur Atal Nagar, District - Raipur (C.G.) 2 - The Director Public Instruction Directorate First Floor, C- Block Indrawati Bhawan Naya Raipur District - Raipur (C.G.) 3 - The Collector District - Balrampur - Ramanujganj (C.G.) 4 - The District Education Officer District - Balrampur - Ramanujganj (C.G.) 5 - The Block Education Officer Block Rajpur District - Balrampur - Ramanujganj (C.G.) 6 - The Secretary, Rationalization Committee Cum District Education Officer, District - Balrampur - Ramanujganj (C.G.) 7 - Janakram Malakar Workinga As Assistant Teacher At Primary School Amdari Block Rajpur District - Balrampur - Ramanujganj (C.G.) --- Respondent(s) 3 WPS No. 5498 of 2025 1 - Ajay Kumar Ekka S/o. Bansh Bahadur Ram Aged About 38 Years Working As Assistant Teacher, At Primary School, Narsinghpur, Block - Rajpur, District - Balrampur-Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director, Public Instruction Directorate First Floor, C-Block, Indravati Bhawan, Naya Raipur, District - Raipur (C.G.) 3 - The Collector District - Balrampur-Ramanujganj (C.G.) 4 - The District Education Officer District - Balrampur-Ramanujganj (C.G.) 5 - The Block Education Officer Block - Rajpur, District - Balrampur-Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District - Balrampur-Ramanujganj (C.G.) --- Respondent(s) WPS No. 5446 of 2025 1 - Akhilesh Kumar Tiwari S/o Shri Kameshwar Tiwari Aged About 51 Years Working As Teacher (L.B.), At Government Middle School Bakaspur, Block - Rajpur District Balrampur-Ramanujganj Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - The Director Public Instruction Directorate First Floor, C-Block, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh 3 - The Collector District Balrampur-Ramanujganj Chhattisgarh 4 - The District Education Officer District Balrampur-Ramanujganj Chhattisgarh 5 - The Block Education Officer Block Rajpur, District Balrampur-Ramanujganj Chhattisgarh 4 6 - The Secretary Rationalization Committee Cum District Education Officer, District Balrampur-Ramanujganj Chhattisgarh --- Respondent(s) WPS No. 5428 of 2025 1 - Smt. Reeta Vandana Kujur W/o Shri Kornelius Kujur Aged About 45 Years Working As- Assistant Teacher (Lb), At Primary School Baigapara Lau, Block Shankargarh District Balrampur- Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Director Public Instruction Directorate First Floor, C-Block, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 3 - The Collector District Balrampur- Ramanujganj (C.G.) 4 - The District Education Officer District Balrampur- Ramanujganj (C.G.) 5 - The Block Education Officer Block Shankargarh, District Balrampur- Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District Balrampur- Ramanujganj (C.G.) --- Respondent(s) WPS No. 5372 of 2025 1 - Mandeep Kumar Gupta S/o Shri Gautam Prasad Aged About 32 Years Working As Lecturer (Maths), Government Higher Secondary School Manoharpur, Block- Shankargarh, District Balrampur- Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Director Public Instruction Directorate First Floor, C-Block, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 3 - The Collector District Balrampur- Ramanujganj (C.G.) 4 - The District Education Officer District Balrampur- Ramanujganj (C.G.) 5 5 - The Block Education Officer Block Shankargarh, District Balrampur- Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District Balrampur- Ramanujganj (C.G.) --- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) For Respondent(s)/ State : : Mr. Akath Kumar Yadav, Advocate Mr. Akhilesh Kumar, Govt. Advocate Mr. Kanwaljeet Singh Saini, Panel Lawyer Ms. Smita Jha, Panel Lawyer, Mr. Santosh Bharat, Panel Lawyer, Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 20/06/2025 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 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, 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 6 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 26th 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

Decision

stand disposed of. ved Sd/- (Ravindra Kumar Agrawal) Judge

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