Nafr High Court
Case Details
1 2025:CGHC:26074 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5335 of 2025 1 - Sundar Lal Naag S/o Late Shri Mangtu Lal Naag Aged About 52 Years Presently Posted As Teacher Lb Government Middle School, Lalsuhnar, District Narayanpur (C.G.) --- Petitioner(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.20 19:02:19 +0530 versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Atal Nagar Raipur District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan Naya Raipur, Atal Nagar, District Raipur (C.G.) 3 - Divisional Joint Director Bastar Division District Bastar (C.G.) 4 - Collector Narayanpur, District Narayanpur (C.G.) 5 - District Education Officer Narayanpur, District Narayanpur (C.G.) --- Respondent(s) WPS No. 5515 of 2025
Legal Reasoning
1 - Dhalendra Kumar Sahu S/o. Shri Ghanshyam Sahu Aged About 43 Years Presently Posted As Assistant Teacher (L.B.) At Government Primary School, Kusmund, Block - Arang, District - Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur (C.G.) 2 - Director, Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District - Raipur (C.G.) 2 3 - Joint Director Education Division, District - Raipur (C.G.) 4 - Collector District - Raipur (C.G.) 5 - District Education Officer District - Raipur (C.G.) 6 - Soman Kumar Sahu Presently Posted As Assistant Teacher (L.B.) At Government Primary School, Kusmund, Block - Arang, District - Raipur (C.G.) --- Respondent(s) WPS No. 5494 of 2025 1 - Smt. Mamta Paraste W/o Santosh Kumar Kurre Aged About 47 Years Posted As Lectureres At Govt. H.S. School (Swami Atmanand Government English Medium School ) Sakri Block Takhatpur District - Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan Atal Nagar , Naya Raipur District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction (Dip) Through Its Director Indrawati Bhawan Naya Raipur District - Raipur (C.G.) 3 - Joint Director Division Bilaspur (C.G.) 4 - District Education Officer District - Bilaspur (C.G.) 5 - Collector District Bilaspur (C.G.) 6 - Smt. Shweta Dixit Presently Posted As Lecturer At Govt. H.S. School (Swami Atmanand Government English Medium School) Sakri Block Takhatpur District - Bilaspur (C.G.) --- Respondent(s) WPS No. 5478 of 2025 1 - Kamal Kishor Sahu S/o Itwari Ram Sahu Aged About 51 Years Posted As Assistant Teacher (L.B.) At Government Primary School Benidih, Block Arang, District Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar Raipur, District Raipur (C.G.) 3 2 - Directorate Of Public Instructions (Dpi) Through Its Director Indravati Bhawan, Naya Raipur, Raipur District (C.G.) 3 - Joint Director Division Raipur (C.G.) 4 - Collector Raipur District Raipur (C.G.) 5 - District Education Officer District Raipur (C.G.) 6 - Kamlesh Kumar Sahu Assistant Teacher (L.B.) At Government Primary School Benidih, Block Arang, District Raipur, Chhattisgarh --- Respondent(s) WPS No. 5473 of 2025 1 - Vijay Kumar Mohar S/o Shri Mathura Prasad Aged About 50 Years Presently Posted Headmaster, Govt. Middle School, Malgaon, Development Block Katghora, District Korba, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 2 - Collector District Korba, Chhattisgarh. 3 - District Education Officer District Korba, Chhattisgarh. 4 - Block Education Officer Block Katghora, District Korba, Chhattisgarh. 5 - Renu Rathore Posted As Head Master, Govt. Middle School, Jhamber, Development Block Katghora, District Korba, Chhattisgarh. --- Respondent(s) WPS No. 5443 of 2025 1 - Amravati Packra W/o D.N. Singh Aged About 40 Years Presently Posted As Assistant Teacher Government Primary School Bhainsamuda, District Korea (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Atal Nagar Raipur District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.) 4 3 - Divisional Joint Director Korea Division Korea, District Korea (C.G.) 4 - Collector Korea, District Korea (C.G.) 5 - District Education Officer Korea, District Korea (C.G.) --- Respondent(s) WPS No. 5417 of 2025 1 - Usha Meshram W/o Late M.R. Mesharam Aged About 61 Years Posted As Headmaster, Govt. Middle School, Khaparganj (Gondpara), Development Block Bilha, District- Bilaspur, C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya, Mahanadi Bhavan, Naya Raipur, District- Raipur, C.G. 2 - Collector District Bilaspur C.G. 3 - District Education Officer District Bilaspur (C.G.) 4 - Block Education Officer Block Takhatpur, District- Bilaspur (C.G.) 5 - Sushma Pandey Headmaster, Govt. Middle School, Gondpara, Block- Bilha, District- Bilaspur, C.G. --- Respondent(s) WPS No. 5392 of 2025 1 - Ravindra Kumar Yadav S/o. Late Dharam Pal Yadav Aged About 51 Years Presently Posted As Assistant Teacher, Government Primary School, Karhipara, District - Korea (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Naya Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Divisional Joint Director Sarguja Division, Ambikapur, District - Sarguja (C.G.) 4 - Collector, Korea District - Korea (C.G.) 5 5 - District Education Officer Korea, District - Korea (C.G.) --- Respondent(s) WPS No. 5360 of 2025 1 - Sandeep Dubey S/o Shri Dwarika Prasad Dubey Aged About 46 Years Posted As Cluster Academic Coordinator, Block- Bilha District- Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Block-Iii, 1st Floor, Atal Nagar, Raipur, District- Raipur (C.G.) 3 - Collector-Cum-District Mission Director Samagra Shiksha Bilaspur District- Bilaspur (C.G.) 4 - District Education Officer District - Bilaspur (C.G.) 5 - Block Education Officer Block - Bilha, District - Bilaspur, C.G. --- Respondent(s) WPS No. 5348 of 2025 1 - Vishesh Kumar Bhawte S/o Shri Bhivrao Bhawte Aged About 44 Years Posted As Lecturer, Government Higher Secondary School, Bhothli, Block Dongargarh District - Rajnandgaon Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - The Director Directorate Of Public Instruction (Dpi) Indrawati Bhawan, New Raipur, District Raipur Chhattisgarh 3 - The Collector Rajnandgaon, District Rajnandgaon Chhattisgarh 4 - District Education Officer Rajnandgaon, District Rajnandgaon Chhattisgarh 5 - Block Education Officer Dongargarh, District Rajnandgaon Chhattisgarh --- Respondent(s) 6 For Petitioner(s) : Mr. Mateen Siddiqui, Advocate. For Respondent(s) : Mr. Ajit Singh, Govt. Advocate, and Mr. Kanwaljeet Singh Saini, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 20-06-2025 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 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 26th 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 7 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