✦ High Court of India

28 +0530 1 - Nan Kujur S/o Sandhu Kujur Aged About 37 Years Working v. 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan

Case Details

1 2025:CGHC:25689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5125 of 2025 ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.19 19:15:28 +0530 1 - Nan Kujur S/o Sandhu Kujur Aged About 37 Years Working As Assistant Teacher (L.B.) At Primary School Banjaripara Block Shankargarh District Balrampur Ramanujganj Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh

Legal Reasoning

2 - The Director, Public Instruction Directorate First Floor, C-Block, Indrawati Bhawan, Naya Raipur, District Raipur Chhattisgarh 3 - The Collector, District Balrampur Ramanujganj Chhattisgarh 4 - The District Education Officer District Balrampur Ramanujganj Chhattisgarh 5 - The Block Educaion Officer Block Shankargarh, District Balrampur Ramanujganj Chhattisgarh 6 - The Secretary, Rationalization Committee Cum District Education Officer, District Balrampur Ramanujganj Chhattisgarh --- Respondent(s) WPS No. 5209 of 2025

Legal Reasoning

1 - Vinod Kumar Kashyap S/o Shri Lakhan Sao Aged About 50 Years Working As Lecturer (Sanskrit), Government High School, Sarima, Block - Shankargarh, District- Balrampur-Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 2 2 - The Director Public Instruction Directorate First Floor, C-Block, Indravati Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - The Collector District Balrampur-Ramanujganj (C.G.) 4 - The District Education Officer District Balrampur-Ramanujganj (C.G.) 5 - The Block Education Officer Block Shankargarh, District- Balrampur- Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District- Balrampur-Ramanujganj (C.G.) 7 - Kamal Sai Working As Lecturer (Hindi), Government High School, Sarima, Block - Shankargarh, District - Balrampur-Ramanujganj (C.G.) --- Respondent(s) WPS No. 5174 of 2025 1 - Sanjay Kumar Yadav S/o. Sukhdev Prasad Yadav Aged About 55 Years Working As - Teacher (Lb), At Middle School, Mahudand, Block - Rajpur, District - Balrampur-Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director, Public Instruction Directorate First Floor, C-Block, Indravati Bhawan, Naya Raipur, District - Raipur (C.G.) 3 - The Collector District - Balrampur-Ramanujganj (C.G.) 4 - The District Education Officer District - Balrampur-Ramanujganj (C.G.) 5 - The Block Education Officer Block - Rajpur, District - Balrampur-Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District - Education Officer, District - Balrampur-Ramanujganj (C.G.) --- Respondent(s) 3 WPS No. 5163 of 2025 1 - Nitya Kujur W/o Sanjay Khakha Aged About 38 Years Working As Assistant Teacher (L.B.) At Primary School Amatikra- Munuva Block Rajpur District Balrampur Ramanujganj Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - The Director Public Instruction Directorate First Floor, C - Block, Indrawati Bhawan, Naya Raipur, District Raipur Chhattisgarh. 3 - The Collector District Balrampur Ramanujganj Chhattisgarh. 4 - The District Education Officer District Balrampur Ramanujganj Chhattisgarh. 5 - The Block Education Officer Block Rajpur, District Balrampur Ramanujganj Chhattisgarh. 6 - The Secretary Rationalization Committee Cum District Education Officer, District Balrampur Ramanujganj Chhattisgarh. --- Respondent(s) WPS No. 5140 of 2025 1 - Ajay Kumar Ekka S/o. Alexandar Ekka Aged About 42 Years Working As - Teacher (Lb), At Middle School, Makad, Block - Rajpur, District - Balrampur- Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director, Public Instruction Directorate First Floor, C-Block, Indravati Bhawan, Naya Raipur, District - Raipur (C.G.) 3 - The Collector District - Balrampur-Ramanujganj (C.G.) 4 - The District Education Officer District - Balrampur-Ramanujganj (C.G.) 4 5 - The Block Education Officer Block - Rajpur, District - Balrampur-Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District - Balrampur-Ramanujganj (C.G.) --- Respondent(s) WPS No. 5135 of 2025 1 - Nirmala Singh W/o. Late Jamadar Singh Aged About 37 Years Working As - Assistant Teacher (Lb) At Primary School, Bandhpara, Budhabagicha, Block - Rajpur, District - Balrampur-Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director, Public Instruction Directorate First Floor, C-Block, Indravati Bhawan, Naya Raipur, District - Raipur (C.G.) 3 - The Collector District - Balrampur-Ramanujganj (C.G.) 4 - The District Education Officer District - Balrampur-Ramanujganj (C.G.) 5 - The Block Education Officer Block - Rajpur, District - Balrampur-Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District - Balrampur-Ramanujganj (C.G.) --- Respondent(s) WPS No. 5130 of 2025 1 - Ashish Kumar Khakha S/o Late Suleman Khakha Aged About 38 Years Working As- Assistant Teacher (Lb), At Primary School Bharatpur, Block Shankargarh District Balrampur- Ramanujganj (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - The Director Public Instruction Directorate First Floor, C-Block, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 5 3 - The Collector District Balrampur- Ramanujganj (C.G.) 4 - The District Education Officer District Balrampur- Ramanujganj (C.G.) 5 - The Block Education Officer Block Shankargarh District Balrampur- Ramanujganj (C.G.) 6 - The Secretary Rationalization Committee Cum District Education Officer, District Balrampur- Ramanujganj (C.G.) 7 - Kailash Kumar Paikra Working As- Assistant Teacher (Lb), At Primary School Bharatpur, Block Shankargarh District Balrampur- Ramanujganj (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Akath Kumar Yadav, Advocate. For Respondent(s) : Mr. C. Chaubey Panel Lawyer and Mr. Vinay Pandey, Dy. Advocate General. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. 19-06-2025 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. 6 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 25th 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 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

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