Nafr High Court
Case Details
1 2025:CGHC:24819 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4816 of 2025 1 - Babulal Patel S/o Shri Gajadhar Patel Aged About 51 Years Presently Posted Lecturer (L.B.), Govt. Higher Secondary School, Dhanagarh, Development Block Raigarh, District Raigarh Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh 2 - Collector District Raigarh Chhattisgarh 3 - District Education Officer District Raigarh Chhattisgarh 4 - Block Education Officer Block Raigarh, District Raigarh Chhattisgarh --- Respondent(s) WPS No. 4853 of 2025
Legal Reasoning
1 - Sahir Mohammad S/o Shri Sher Mohammad Aged About 52 Years Teacher (L.B.), Government Middle School ,belgaon, District - Narayanpur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh 2 - Director Directorate Of Public Instructions (D.P.I.), Through Its Director, Indravati Bhavan, Naya Raipur, District - Raipur, Chhattisgarh 3 - Collector District - Narayanpur, Chhattisgarh 4 - Joint Director Division Bastar, Chhattisgarh 5 - District Education Officer District - Narayanpur, Chhattisgarh --- Respondent(s) 2 WPS No. 4839 of 2025 1 - Smt. Priyanka Gupta W/o Manish Kumar Aged About 39 Years Posted As Teacher (Lb) At Government Middle School Sarkada, Block, Chhura, District Gariyaband (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instructions (Dpi) Through Its Director, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 3 - Joint Director Division Raipur, Chhattisgarh. 4 - District Education Officer District Gariyaband, Chhattisgarh. 5 - Collector District Gariyaband, Chhattisgarh. 6 - Smt. Ekta Gandhi Posted As Teacher At Government Middle School Sarkada, Block Chhura, District- Gariyaband (C.G.) --- Respondent(s) WPS No. 4833 of 2025 1 - Usat Lal Sahu S/o. Ghanshyam Sahu Aged About 37 Years Presently Posted As Assistant Teacher (L.B.) Government Primary School, Surli, District - Sarangarh- Bilaigarh (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 - Diretor, Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Divisional Joint Director Bilaspur Division, Bilaspur, District - Bilaspur (C.G.) 4 - Collector Sarangarh-Bilaigarh, District - Sarangarh-Bilaigarh (C.G.) 3 5 - District Education Officer Sarangarh-Bilaigarh, District - Sarangarh-Bilaigarh (C.G.) --- Respondent(s) WPS No. 4832 of 2025 1 - Fulkumar Jaiswal S/o Purushottam Jaiswal Aged About 48 Years Presently Posted As Assistant Teacher Lb Government Primary School Pahanda, District- Sarangarh-Bilaigarh (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 Bilaspur Division Bilaspur, District- Bilaspur (C.G.) 4 - Collector Sarangarh-Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) 5 - District Education Officer Sarangarh-Bilaigarh, District- Sarangarh-Bilaigarh (C.G.) --- Respondent(s) WPS No. 4827 of 2025 1 - Smt. Sanju Mahant W/o Amardas Mahant Aged About 53 Years Presently Posted As Teacher (Arts) Government Girls Middle School Champa, District : Janjgir-Champa, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 - Divisional Joint Director Bilaspur Division, Bilaspur, District Bilaspur, Chhattisgarh. 4 - Collector Janjgir-Champa, District : Janjgir-Champa, Chhattisgarh 4 District Education Officer Janjgir-Champa, District : Janjgir-Champa, 5 - Chhattisgarh --- Respondent(s) WPS No. 4821 of 2025 1 - Smt. Vishwakanta Mishra W/o Ravikant Mishra Aged About 59 Years Presently Posted As Teacher Government Girls Middle School Naila, District- Janjgir-Champa (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 Education Division Bilaspur, District- Bilaspur (C.G.) 4 - Collector Janjgir-Champa, District- Janjgir-Champa (C.G.) 5 - District Education Officer Janjgir-Champa, District- Janjgir-Champa (C.G.) --- Respondent(s) WPS No. 4817 of 2025 1 - Smt. Mercy Saxena W/o Kriparam Saxena Aged About 50 Years Presently Posted As Assistant Teacher Lb Government Primary School Railway Champa, Block Champa District- Janjgir-Champa (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 Bilaspur Division Bilaspur, District- Bilaspur (C.G.) 4 - Collector Janjgir-Champa, District- Janjgir-Champa (C.G.) 5 - District Education Officer Janjgir-Champa, District- Janjgir-Champa (C.G.) --- Respondent(s) 5 For Petitioner(s) : Mr. Mateen Siddiqui, Advocate. For Respondent(s) : Mr. Ajit Singh, Govt, Advocate, Mr. Shreyansh Mehta, Panel Lawyer, Mr. Khulesh Sahu, Panel Lawyer and Mr. Kanwaljeet Singh Saini, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. 17-06-2025 Order on Board 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 23rd June, 2025. Thereafter, the 6 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