Nafr High Court
Case Details
1 2025:CGHC:25212 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4889 of 2025 1 - Smt. Parmeshwari Dansena W/o Shri Nilambar Dansena Aged About 36 Years Working As Assistant Teacher (L.B.) At Govt. Primary School, Darri, Block And Tahsil - Kharsiya, District - Raigarh Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan New Raipur, District - Raipur Chhattisgarh 2 - The Director Public Instructions Directorate Indravati Bhawan Raipur, Atal Nagar Raipur Chhattisgarh 3 - The Collector Raigarh, District - Raigarh Chhattisgarh 4 - The Joint Director Education Division, Bilaspur, District - Bilaspur Chhattisgarh 5 - The District Education Officer Raigarh, District - Raigarh Chhattisgarh 6 - The Block Education Officer Kharsiya, District - Raigarh Chhattisgarh --- Respondent(s) WPS No. 4987 of 2025
Legal Reasoning
1 - Ku. Dhaneshwari Sinha D/o Shri Devi Ram Sinha Aged About 40 Years Working As Assistant Teacher (L.B.) At Govt. Primary School, Sat. Fingeshwar, Block And Tahsil- Fingeshwar, District- Gariyaband (C.G.) ---Petitioner(s) Versus VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.18 19:22:36 +0530 2 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan New Raipur, District- Raipur (C.G.) 2 - The Director Public Instructions Directorate Indravati Bahwan Raipur, Atal Nagar Raipur (C.G.) 3 - The Collector Gariyaband, District- Gariyaband (C.G.) 4 - The Joint Director Education Division, Raipur District- Raipur (C.G.) 5 - The District Education Officer Gariyaband, District- Gariyaband (C.G.) 6 - The Block Education Officer Fingeshwar, District- Gariyaband (C.G.) --- Respondent(s) WPS No. 5050 of 2025 1 - Smt. Usha Gaikwad W/o Shri Jaiprakash Gaikwad Aged About 54 Years Working As Assistant Teacher (L.B.) At Govt. Primary School, Barbhantha, Block And Tahsil - Fingeshwar, District- Gariyaband (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur (C.G.) 2 - The Director Public Instructions Directorate Indravati Bhawan, Raipur, Atal Nagar, Raipur (C.G.) 3 - The Collector Gariyaband, District- Gariyaband (C.G.) 4 - The Joint Director Education Division, Raipur District- Raipur (C.G.) 5 - The District Education Officer Gariyaband, Distict- Gariyaband (C.G.) 6 - The Block Education Officer Fingeshwar, District- Gariyaband (C.G.) --- Respondent(s) WPS No. 5037 of 2025 1 - Smt. Richa Ratre W/o Shri Narendra Kumar Ratre Aged About 41 Years Working As Assistant Teacher (L.B.), At Govt. Primary School, Sat. Faingeshwar, Block And Tahsil - Fingeshwar, District - Gariyaband (C.G.) ---Petitioner(s) Versus 3 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur (C.G.) 2 - The Director Public Instructions Directorate, Indravati Bhawan, Raipur, Atal Nagar, Raipur (C.G.) 3 - The Collector Gariyaband, District - Gariyaband (C.G.) 4 - The Joint Director Education Division Raipur, District - Raipur (C.G.) 5 - The District Education Officer Gariyaband, District - Gariyaband (C.G.) 6 - The Block Education Officer Fingeshwar, District - Gariyaband (C.G.) --- Respondent(s) WPS No. 4991 of 2025 1 - Smt. Chumman Dhruw W/o. Shri Rajesh Kumar Dhruw Aged About 37 Years Working As Assistant Teacher (L.B.) At Govt. Primary School, Tohangipara Basin, Block And Tahsil - Fingeshwar, District - Gariyaband (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur (C.G.) 2 - The Director Public Instructions Directorate, Indravati Bhawan, Raipur, Atal Nagar, Raipur (C.G.) 3 - The Collector Gariyaband, District - Gariyaband (C.G.) 4 - The Joint Director Education Division, Raipur, District - Raipur (C.G.) 5 - The District Education Officer Gariyaband, District - Gariyaband (C.G.) 6 - The Block Education Officer Fingeshwar, District - Gariyaband (C.G.) --- Respondent(s) WPS No. 4978 of 2025 1 - Smt. Yogita Pawar W/o Shri Santosh Pawar Aged About 37 Years Working As Assistant Teacher (L.B.) At Govt. Primary School, Sursabandha, Block And Tahsil - Fingeshwar, District - Gariyaband Chhattisgarh ---Petitioner(s) Versus 4 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan New Raipur, District - Raipur Chhattisgarh 2 - The Director Public Instructions Directorate Indravati Bhawan Raipur, Atal Nagar Raipur Chhattisgarh 3 - The Collector Gariyaband, District - Gariyaband Chhattisgarh 4 - The Joint Director Education Division, Raipur District - Raipur Chhattisgarh 5 - The District Education Officer Gariyaband, District - Gariyaband Chhattisgarh 6 - The Block Education Officer Fingeshwar, District - Gariyaband Chhattisgarh --- Respondent(s) WPS No. 4972 of 2025 1 - Smt. Geeteshwari Deewan W/o. Shri Ranveer Singh Deewan Aged About 37 Years Working As Lecturer (L.B.) Sanskrit At Govt. High School, Lachkera, Block And Tahsil - Fingeshwar, District - Gariyaband (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur (C.G.) 2 - The Director Public Instruction Directorate Indravati Bhawan, Raipur, Atal Nagar, Raipur (C.G.) 3 - The Collector Gariyaband, District - Gariyaband (C.G.) 4 - The Joint Director Education Division, Raipur, District - Raipur (C.G.) 5 - The District Education Officer Gariyaband, District - Gariyaband (C.G.) 6 - The Block Education Officer Fingeshwar, District - Gariyaband (C.G.) --- Respondent(s) WPS No. 4920 of 2025 1 - Smt. Domin Nirmalkar W/o Shri Roopnarayan Nirmalkar Aged About 38 Years Working As Assistant Teacher (L.B.) At Govt. High School, Bakli, Block And Tahsil- Fingeshwar, District Gariyaband, Chhattisgarh. ---Petitioner(s) Versus 5 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh. 2 - The Director Public Instructions Directorate Indravati Bhawan, Raipur, Atal Nagar, Raipur, Chhattisgarh. 3 - The Collector Gariyaband, District : Gariyabandh, Chhattisgarh 4 - The Joint Director Education Division, Raipur, District : Raipur, Chhattisgarh 5 - The District Education Officer Gariyaband, District : Gariyabandh, Chhattisgarh 6 - The Block Education Officer Fingeshwar, District : Gariyabandh, Chhattisgarh --- Respondent(s) WPS No. 4908 of 2025 1 - Smt. Renu Pande W/o Shri Rajendra Kumar Pande Aged About 42 Years Working As Assistant Teacher (L.B.) At Govt. Primary School, Pitaiband Road Rajim, Block And Tahsil - Fingeshwar, District - Gariyaband Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan New Raipur, District - Raipur Chhattisgarh 2 - The Director Public Instructions Directorate Indravati Bhawan Raipur, Atal Nagar Raipur Chhattisgarh 3 - The Collector Gariyaband, District - Gariyaband Chhattisgarh 4 - The Joint Director Education Division, Raipur District - Raipur Chhattisgarh 5 - The District Education Officer Gariyaband, District - Gariyaband Chhattisgarh 6 - The Block Education Officer Fingeshwar, District - Gariyaband Chhattisgarh (Cause title taken from Case Information System) ... Respondent(s) For Petitioners For Respondents/ State : : Mr. R.S. Patel, Advocate Mr. Akhilesh Kumar, Govt. Advocate Mr. Sabyasachi Choubey, Panel Lawyer 6 Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 18/06/2025 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 7 District Rationalization Committee within a period of 05 days from today, and appear before the said Committee on 24th 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. 6. With the aforesaid observation and direction, the present writ petitions
Decision
stand disposed of. ved Sd/- (Ravindra Kumar Agrawal) Judge