Nafr High Court
Case Details
1 SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.19 18:58:36 +0530 2025:CGHC:25638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5070 of 2025 1 - Hemlata Dansena W/o- Chandra Kumar Dansena Aged About 41 Years Presently Posted As Assistant Teacher (Science) (L.B.), Govt. High School Tarekela, Block Dharamjaigarh, District Raigarh, C.G. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur, C.G. 2 - Collector District Bilaspur, C.G. 3 - District Education Officer District Raigarh 4 - Block Education Officer Block Dharamjaigarh, District Raigarh, C.G. --- Respondent(s) WPS No. 5271 of 2025
Legal Reasoning
1 - Vandana Lahre W/o Shri Birendra Lahre Aged About 42 Years Presently Posted Teacher (L.B.), Govt. Middle School, Sambalpuri, Development Block Takhatpur, District Bilaspur, C.G. ---Petitioner(s) Versus 2 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur, C.G. 2 - Collector District Bilaspur, C.G. 3 - District Education Officer District Bilaspur 4 - Block Education Officer Block Takhatpur, District Bilaspur, C.G. --- Respondent(s) WPS No. 5259 of 2025 1 - Atikant Rahi S/o Shri H. L. Rahi Aged About 41 Years Presently Posted As Assistant Teacher (L.B.), Govt. Primary School Lagra, Development Block Bilha, District Bilaspur, C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya, Mahanadi Bhavan, Naya Raipur, District Raipur, C.G. 2 - Collector District Bilaspur (C.G.) 3 - District Education Officer District Bilaspur 4 - Block Education Officer Block Takhatpur, District Bilaspur, C.G. --- Respondent(s) WPS No. 5231 of 2025 1 - Sharda Rathore W/o Dhananjay Rathore Aged About 36 Years Presently Posted At Government Primary School Lata, Katghora, District Korba Chhattisgarh. ---Petitioner(s) Versus 3 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Nawa Raipur, District Raipur Chhattisgarh. 2 - Diretorate Of Public Instructions (Dpi) Through Its Director, Indravati Bhawan, Naya Raipur, Raipur District Raipur Chhattisgarh. 3 - Joint Director Division Bilaspur Chhattisgarh. 4 - District Education Officer District Korba Chhattisgarh. 5 - Smt. Manjulata Kashyap Aged About 36 Years, Presently Posted At Government Primary School Agarkhar, Block Katghora, District Korba Chhattisgarh. --- Respondent(s) WPS No. 5226 of 2025 1 - Manju Thakur W/o Shri Sanjay Singh Aged About 45 Years Presently Posted Head Master, Govt. Primary Boys School, Kirtinagar, Development, Block Bilha, District Bilaspur 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 Bilaspur Chhattisgarh. 3 - District Education Officer District Bilaspur Chhattisgarh. 4 - Block Education Officer Block Bilha, District Bilaspur Chhattisgarh. --- Respondent(s) WPS No. 5206 of 2025 1 - Harprasad Sahu S/o Lt. Videshi Ram Sahu Aged About 56 Years Posted As Teacher (Lb) At Government Middle School, Jawali, Block Katghora, District Korba Chhattisgarh 4 Versus ---Petitioner(s) 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 Bilaspur, Chhattisgarh 4 - District Education Officer District Korba, Chhattisgarh 5 - Collector District Korba, Chhattisgarh 6 - Smt. Balan Prajapati Posted As Teacher At Government Middle School, Jawali, Block Katghora, District Korba, Chhattisgarh --- Respondent(s) WPS No. 5179 of 2025 1 - Hemant Kumar Chandrakar S/o Ramsharan Chandrakar Aged About 44 Years Posted As Assistant Teacher (L.B.) At Govt. Primary School Sandi Block Arang District - Raipur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary School Education Department Mahanadi Bhawan Atal Nagar Raipur District - Raipur (C.G.) 2 - Directorate Of Public Instruction (Dpi) Through Its Director Indrawati Bhawan Naya Raipur Raipur District - Raipur (C.G.) 3 - Joint Director Division Raipur (C.G.) 4 - Collector Raipur District - Raipur (C.G.) 5 5 - District Education Officer Raipur District - Raipur (C.G.) 6 - Binni Patel W/o Ramesh Patel Posted As Assistant Teacher (L.B.) At Govt. Primary School Sandi Block Arang, District - Raipur (C.G.) --- Respondent(s) WPS No. 5161 of 2025 1 - Madhu Rani Shukla W/o Rakesh Shukla Aged About 48 Years R/o- Deveshwar Colony, Agrasen Ward, Ambikapur, District- Sarguja (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Nawa Raipur, District- Raipur (C.G.) 2 - Directorate Of Public Instructions (Dpi) Through Its Director, Indravati Bhawan, Naya Raipur, Raipur, District- Raipur (C.G.) 3 - Joint Director Division Sarguja (C.G.) 4 - District Education Officer Ambikapur, District- Sarguja (C.G.) 5 - Ratna Sori D/o Ram Kripal Sori Aged About 24 Years Currently Posted At Government Primary School Kataipara, Block Lakhanpur, District- Sarguja (C.G.) 6 - Ruchita Singh Currently Posted At Government Primary School Kataipara, Block Lakhanpur, District- Sarguja (C.G.) --- Respondent(s) WPS No. 5149 of 2025 1 - Smt. Anupama Minj W/o Niranjan Kumar Minj Aged About 41 Years Presently Posted As Teacher (L.B.) Govt. Middle School Saraipali Block And District - Korba (C.G.) ---Petitioner(s) 6 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 Instrucation Indrawati Bhawan Naya Raipur Atal Nagar District - Raipur (C.G.) 3 - Divisional Joint Director Bilaspur Division Bilaspur District - Bilaspur (C.G.) 4 - Collector Korba District - Korba (C.G.) 5 - District Education Officer Korba District - Korba (C.G.) --- Respondent(s) WPS No. 5121 of 2025 1 - Smt. Kunti Rajak W/o Lt. Umesh Kumar Rajak Aged About 49 Years Posted As Teacher (Lb) At Government Middle School Uslapur, Block Takhatpur, District Bilaspur 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 (Dpi) Through Its Director, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh 3 - Joint Director Division Bilaspur, Chhattisgarh 4 - District Education Officer District Bilaspur, Chhattisgarh 5 - Collector District Bilaspur, Chhattisgarh --- Respondent(s) 7 WPS No. 5117 of 2025 1 - Narayan Kumar Baiga S/o Shri Manglu Ram Baiga Aged About 58 Years Presently Posted As Teacher (L.B.) Govt. Middle School Manjpuri Development Block Bilha District - Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan Naya Raipur District - Raipur (C.G.) 2 - Collector District - Bilaspur (C.G.) 3 - District Education Officer District - Bilaspur (C.G.) 4 - Block Education Officer Block Takhatpur, District - Bilaspur (C.G.) --- Respondent(s) WPS No. 5111 of 2025 1 - Ram Pratap Yadav S/o Pyare Lal Yadav Aged About 53 Years Presently Posted As Lecturer (History) Government Higher Secondary School Kududand District Bilaspur (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 Bilaspur District Bilaspur (C.G.) 8 5 - District Education Officer Bilaspur, District Bilaspur (C.G.) --- Respondent(s) WPS No. 5079 of 2025 1 - Ganpat Sidar S/o Shri Avadhraam Sidar Aged About 44 Years Presently Posted As Assistant Teacher (L.B.) At Government Primary School, Deogaon, Patharipali, 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 - Joint Director Education Division, District - Bilaspur (C.G.) 4 - Collector District Sarangarh-Bilaigarh (C.G.) 5 - District Education Officer District Sarangarh-Bilaigarh (C.G.) --- Respondent(s) For Petitioner(s) For Respondent(s) : : Mr. Mateen Siddiqui, Advocate Mr. S. P. Kale, Addl Advocate General Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 19/06/2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order and action of the respondents whereby the 9 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 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 25th June, 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 10 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