Nafr High Court
Case Details
1 SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.25 11:01:13 +0530 2025:CGHC:27322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5886 of 2025 1 - Karuna Tomar W/o Matand Pratap Singh Aged About 35 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School- Bhilaikhurd, Block- Korba, Resident Of H/60, Police Line- Korba, District- Korba, Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through 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 School Education Department, Division- Bilaspur, District- Bilaspur (C.G.) 4 - Collector Korba, District- Korba (C.G.) 5 - District Education Officer Korba, District Korba (C.G.) 6 - Block Education Officer Korba, District- Korba (C.G.) 7 - Block Education Officer Podi, Uproda, District- Korba, Chhattisgarh --- Respondent(s) WPS No. 5974 of 2025 1 - Saraswati Singh Kanwar W/o Baran Singh Aged About 36 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School Daganiyakhar, Block Katghora, R/o Village Dumarmuda, Gopalpur, Katghora, District Korba Chhattisgarh 2 Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction, Indravati Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 3 - Joint Director, School Education Department, Division Bilaspur District Bilaspur Chhattisgarh 4 - Collector Korba, District Korba Chhattisgarh 5 - District Education Officer Korba, District Korba Chhattisgarh 6 - Block Education Officer Katghora, District Korba Chhattisgarh 7 - Block Education Officer Pali, District Korba Chhattisgarh --- Respondent(s) WPS No. 5928 of 2025 1 - Amita Sahu W/o Chandrakant Sahu Aged About 46 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School - Shivnagar, Block - Korba, R/o Village - Shivnagar District - Korba, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through 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 School Education Department, Division - Bilaspur, District Bilaspur Chhattisgarh 4 - Collector Korba, District - Korba Chhattisgarh 5 - District Education Officer Korba, District - Korba Chhattisgarh 3 6 - Block Education Officer Korba, District - Korba Chhattisgarh 7 - Block Education Officer Kartala, District - Korba Chhattisgarh --- Respondent(s) WPS No. 5913 of 2025
Legal Reasoning
1 - Chandrabhawan Singh Tanwar S/o Shri Lal Singh Tanwar Aged About 50 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School- Bhejinara, Block- Katghora, District Korba, R/o Thakurpara, Ward No. 1, Bakimogra, Korba, District Korba, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 3 - Joint Director School Education Division Bilaspur, District Bilaspur, Chhattisgarh. 4 - Collector Korba, District Korba, Chhattisgarh. 5 - District Education Officer Korba, District Korba, Chhattisgarh. 6 - Block Education Officer, Katghora, District Korba, Chhattisgarh. 7 - Block Education Officer, Podi-Uproda District Korba, Chhattisgarh. --- Respondent(s) WPS No. 6023 of 2025 1 - Laxmin Bai Kanwar W/o Vijay Laxmi Kumar Kanwar Aged About 40 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School Songuda Block Korba R/o Kothari Navalpur Kartala, District - Korba Chhattisgarh 4 Versus ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary Department Of School Education Mantralaya Mahanadi Bhawan Atal Nagar Nawa Raipur District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan Atal Nagar Nawa Raipur District - Raipur (C.G.) 3 - Joint Director School Education Department Division Bilaspur District - Bilaspur (C.G.) 4 - Collector Korba District - Korba (C.G.) 5 - District Education Officer Korba District - Korba (C.G.) 6 - Block Education Officer Korba District -Korba (C.G.) 7 - Block Education Officer Katghora District - Korba Chhattisgarh --- Respondent(s) WPS No. 5998 of 2025 1 - Savita Paikra W/o Puran Singh Paikra Aged About 46 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School- Hatimuda, Block- Korba, R/o Village- Hatimuda, District Korba, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya 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 School Education Division Bilaspur, District Bilaspur, Chhattisgarh. 4 - Collector Korba, District Korba, Chhattisgarh. 5 - District Education Officer Korba, District Korba, Chhattisgarh. 6 - Block Education Officer, Korba District Korba, Chhattisgarh. 5 7 - Block Education Officer, Kartala District Korba, Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Shivbhan Singh Banjare, Advocate. For Respondent(s) : Mr. S. Choubey, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 24/06/2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have been 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 with irreparable loss. Therefore,
Decision
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 6 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 1st July, 2025. Thereafter, the Committee shall decide the representation of the petitioner 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 petitioner, the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioner is concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. sagrika Sd/- (Ravindra Kumar Agrawal) Judge