1 - Komal Kumar Yadu S/o Shri Kamal Narayan Yadu Aged About 46 Years v. 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan
Case Details
1 2025:CGHC:26097 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5219 of 2025 1 - Komal Kumar Yadu S/o Shri Kamal Narayan Yadu Aged About 46 Years Presently Posted As Assistant Teacher (Lb) At Government New Primary School, Uparwara, Block- Abhanpur, District- Raipur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 3 - Joint Director Education Division, Raipur (C.G.) 4 - Collector And Chairman District Level Rationalization Committee, District- Raipur (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District Raipur (C.G.) 6 - Block Education Officer Abhanpur, District- Raipur (C.G.) --- Respondent(s) WPS No. 5445 of 2025
Legal Reasoning
1 - Jhanendra Kumar Nirmalkar S/o Shri Balee Ram Nirmalkar Aged About 49 Years Presently Posted As Assistant Teacher (Lb) At Government Primary School, Cheriya, Block- Abhanpur, District- Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.21 11:45:52 +0530 2 2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 3 - Joint Director Education Division, Raipur (C.G.) 4 - Collector And Chairman District Level Rationalization Committee, District- Raipur (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District Raipur (C.G.) 6 - Block Education Officer Abhanpur, District- Raipur (C.G.) --- Respondent(s) WPS No. 5400 of 2025 1 - Smt. Shakuntala Wasam W/o Shri Wasam Chandrashekhar Aged About 40 Years Presently Posted As Assistant Teacher (Lb) At Government Primary School, Dammur, Block - Bhopalpatanam, District - Bijapur Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh 2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh 3 - Joint Director Education Division, Bastar Chhattisgarh 4 - Collector And Chairman District Level Rationalization Committee, District - Bijapur Chhattisgarh 5 - District Education Officer And Secretary District Level Rationalization Committee, District Bijapur Chhattisgarh 6 - Block Education Officer Bhopalpatanam, District - Raipur Chhattisgarh --- Respondent(s) WPS No. 5354 of 2025 1 - Pramila Pandey W/o Tulsi Ram Pandey Aged About 45 Years Presently Working As Teacher (L.B.) At Govt. Middle School Bhanpuri, Block Pharasgaon, District- Kondagaon (C.G.) ---Petitioner(s) Versus 3 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 Bastar, District- Bastar (C.G.) 4 - Collector District - Kondagaon (C.G.) 5 - District Education Officer Kondagaon, District- Kondagaon (C.G.) 6 - Block Education Officer Pharasgaon, District- Kondagaon (C.G.) --- Respondent(s) WPS No. 5352 of 2025 1 - Sudeep Yadav S/o Krishna Ram Yadav Aged About 42 Years Presently Working As Teacher (L.B.) At Govt. Middle School Dugatola, Block Mohla, District Mohla-Manpur-Ambagarh-Chowki 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 Mohla-Manpur-Ambagarh-Chowki Chhattisgarh 5 - District Education Officer Mohla, District Mohla-Manpur-Ambagarh-Chowki Chhattisgarh 6 - Block Education Officer Mohla, District Mohla-Manpur-Ambagarh-Chowki Chhattisgarh --- Respondent(s) WPS No. 5344 of 2025 1 - Smt. Lokeshwari Kashyap W/o Shri Revendra Kumar Kashyap Aged About 41 Years Presently Posted As Assistant Teacher (L.B.), At Government Primary School Shyamtarai, Block Dhamtari District Dhamtari Chhattisgarh ---Petitioner(s) 4 Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 2 - Director, Directorate, Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 3 - Joint Director, Education Division, Raipur Chhattisgarh 4 - Collector And Chairman, District Level Rationalization Committee, District Dhamtari Chhattisgarh 5 - District Education Officer And Secretary District Level Rationalization Committee, District Dhamtari Chhattisgarh 6 - Block Education Officer, Dhamtari, District Dhamtari Chhattisgarh --- Respondent(s) WPS No. 5326 of 2025 1 - Deepak Kumar Roy S/o Shri Vishveshwar Roy Aged About 52 Years Presently Posted As Assistant Teacher (Lb) At Government Primary School, Pandarpuri, Block- Bhanupratappur, District- North Bastar Kanker (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 3 - Joint Director Education Division, Bastar (C.G.) 4 - Collector And Chairman District Level Rationalization Committee, District- North Bastar Kanker (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District North Bastar Kanker (C.G.) 6 - Block Education Officer Bhanupratappur, District- North Bastar Kanker (C.G.) --- Respondent(s) 5 WPS No. 5288 of 2025 1 - Manish Kumar Gautam S/o. Narad Singh Aged About 40 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Banbagaud, Block - Nagri, District - Dhamtari (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 - Dhamtari (C.G.) 5 - District Education Officer Dhamtari, District - Dhamtari (C.G.) 6 - Block Education Officer Nagri, District - Dhamtari (C.G.) --- Respondent(s) WPS No. 5278 of 2025 1 - Janak Ram Sahu S/o Shri Dhansay Sahu Aged About 54 Years Presently Posted As Assistant Teacher (L.B.) At Government Primary School, Banjari, Block - Abhanpur, District - Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 2 - Director Directorate Of Lok Shikshan, Indrawati Bhawan, Atal Nagar, Nawa Raipur (C.G.) 3 - Joint Director Education Division, Raipur (C.G.) 4 - Collector And Chairman District Level Rationalization Committee, District - Raipur (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District - Raipur (C.G.) 6 - Block Education Officer Abhanpur, District - Raipur (C.G.) --- Respondent(s) 6 WPS No. 5265 of 2025 1 - Hemlata Painkra W/o Chandeshwar Singh Painkra Aged About 43 Years Presently Working As Teacher (L.B.) At Govt. Middle School Khardhowa, Block - Batauli, District - Surguja (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 Surguja, District - Surguja (C.G.) 4 - Collector District - Surguja (C.G.) 5 - District Education Officer Surguja, District - Surguja (C.G.) 6 - Block Education Officer Batauli, District - Surguja (C.G.) (Cause title taken from Case Information System) ... Respondent(s) For Petitioner(s) For Respondent(s)/ State : : Mr. Pramod Ramteke, Advocate Mr. Sabyasachi Choubey, Panel Lawyer Mr. Khulesh Sahu, Panel Lawyer Ms. Anuja Sharma, Panel Lawyer Mr. Kanwaljeet Singh Saini, Panel Lawyer Mr. Santosh Bharat, Panel Lawyer Ms. Smita Jha, Panel Lawyer Mr. Shreyansh Mehta, 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. 7 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 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. 8 6. With the aforesaid observation and direction, the present writ petitions
Decision
stand disposed of. ved Sd/- (Ravindra Kumar Agrawal) Judge