1 - Lalit Kumar Sharma S/o Shri Laxmi Prasad Sharma Aged About 43 Years v. 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan
Case Details
1 2025:CGHC:26606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5600 of 2025 1 - Lalit Kumar Sharma S/o Shri Laxmi Prasad Sharma Aged About 43 Years Presently Posted As Teacher (L.B.) Maths At Government Middle School, Kolar, Block- Abhanpur, District Raipur, 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, Raipur, Chhattisgarh. 4 - Collector And Chairman District Level Rationalization Committee, District Raipur, Chhattisgarh. 5 - District Education Officer And Secretary District Level Rationalization Committee, District Raipur, Chhattisgarh. 6 - Block Education Officer, Abhanpur, District Raipur, Chhattisgarh. --- Respondent(s) WPS No. 5693 of 2025
Legal Reasoning
1 - Omprakash Sahu S/o Shri Jagdish Prasad Sahu Aged About 49 Years Presently Posted As Assistant Teacher (Lb) At Government Primary School, Bhurka, Block - Abhanpur, District- Raipur (C.G.) ---Petitioner(s) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.25 12:15:02 +0530 Versus 2 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. 5661 of 2025 1 - Gouri Shankar Naik S/o Dharamnath Naik Aged About 50 Years Presently Working As Teacher (L.B.) At Govt. Middle School Gidha, Block Kharsiya, District Raigarh (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 Bilaspur, District Bilaspur (C.G.) 4 - Collector District Raigarh (C.G.) 5 - District Education Officer Raigarh, District Raigarh (C.G.) 6 - Block Education Officer Kharsiya, District Raigarh (C.G.) --- Respondent(s) WPS No. 5652 of 2025 1 - Ranu Banchhor W/o P.S. Banchhor Aged About 49 Years Presently Working As Head Master At Govt. Primary School Gurunanak Raipur Naka Durg, Block Durg, District Durg (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 Durg, District Durg (C.G.) 4 - Collector District Durg (C.G.) 5 - District Education Officer Durg, District Durg (C.G.) 6 - Block Education Officer Durg, District Durg (C.G.) --- Respondent(s) WPS No. 5651 of 2025 1 - Chanchal Thakur D/o Chandrika Prasad Thakur Aged About 40 Years Presently Working As Teacher (L.B.) At Govt. Middle School Shivaji Nagar Khursipar, Block Durg, District Durg (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 Durg, District Durg (C.G.) 4 - Collector District Durg (C.G.) 5 - District Education Officer Durg, District Durg (C.G.) 6 - Block Education Officer Durg, District Durg (C.G.) --- Respondent(s) WPS No. 5649 of 2025 1 - Anita Gadhewal W/o Shivcharan Gadhewal Aged About 38 Years Presently Working As Teacher (L.B.) At Govt. Girls Middle School Janjgir, Block Janjgir, District Janjgir Champa (C.G.) ---Petitioner(s) Versus 4 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 Instrution, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - Joint Director Education Division Bilaspur, District Bilaspur (C.G.) 4 - Collector District Janjgir Champa (C.G.) 5 - District Education Officer Janjgir Champa, District Janjgir-Champa (C.G.) 6 - Block Education Officer Janjgir, District Janjgir-Champa (C.G.) --- Respondent(s) WPS No. 5621 of 2025 1 - Jyoti Sahu W/o Koushal Prasad Sao Aged About 32 Years Presently Working As Teacher (L.B.) At Govt. Middle School Bhainapara, Block - Kharsiya, District - Raigarh (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 Bilaspur, District - Bilaspur (C.G.) 4 - Collector District - Raigarh (C.G.) 5 - District Education Officer Raigarh, District - Raigarh (C.G.) 6 - Block Education Officer Kharsiya, District - Raigarh (C.G.) --- Respondent(s) WPS No. 5618 of 2025 1 - Kameshwar Prasad Sahu S/o Late Lila Ram Sahu Aged About 46 Years Presently Working As Teacher (L.B.) At Govt. Middle School Mandroud, Block - Kurud, District - Dhamtari (C.G.) ---Petitioner(s) Versus 5 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 Kurud, District - Dhamtari (C.G.) --- Respondent(s) WPS No. 5607 of 2025 1 - Smt. Khilendra Sahare W/o Ashish Kumar Sahare Aged About 43 Years Presently Working As Teacher (L.B.) At Govt. Middle School Kosanagar, Block Durg, District Durg 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 Durg Chhattisgarh. 5 - District Education Officer Durg District Durg Chhattisgarh. 6 - Block Education Officer Durg, District Durg Chhattisgarh. (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 Ms. Anuja Sharma, Panel Lawyer Mr. Santosh Bharat, Panel Lawyer 6 Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/06/2025 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 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 30th June, 2025. Thereafter, the 7 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