Nafr High Court
Case Details
1 2025:CGHC:25641 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5073 of 2025 1 - Rupesh Kumar Kashyap S/o Ashok Kumar Kashyap Aged About 48 Years Presently Working As Lecturer (_l.B.), At Govt. Girls Higher Secondary School, Balod, Block Balod District Balod 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 - Collector District Balod Chhattisgarh 4 - District Education Officer Balod, District Balod Chhattisgarh 5 - Block Education Officer Balod District Balod Chhattisgarh --- Respondent(s) WPS No. 5158 of 2025 1 - Subhash Kumar Dewangan S/o Ramdhan Dewangan Aged About 39 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Pisaud, Block Baloda, District Janjgir Champa 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 VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.19 18:36:24 +0530 2 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Atal Nagar Naya Raipur District Raipur Chhattisgarh 3 - Joint Director, Education Division, Bilaspur District Bilaspur Chhattisgarh 4 - Collector, District Janjgir Champa Chhattisgarh 5 - District Education Officer Janjgir Champa District Janjgir Champa Chhattisgarh 6 - Block Education Officer Baloda, District Janjgir Champa Chhattisgarh --- Respondent(s) WPS No. 5157 of 2025
Legal Reasoning
1 - Smt. Lileshwari Verma W/o Komal Prasad Verma Aged About 38 Years Presently Working As Lecturer (L.B.) At Govt. High School, Chataud, Block - Arang, District - Raipur (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 - Collector District - Raipur (C.G.) 4 - District Education Officer Raipur, District - Raipur (C.G.) 5 - Block Education Officer Arang, District - Raipur (C.G.) --- Respondent(s) WPS No. 5153 of 2025 1 - Smt. Rajeshvari Suryawanshi W/o Govind Prasad Suryawanshi Aged About 41 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Khaparidih, Block - Bamhanidih, District Janjgir-Champa (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.) 3 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 Janjgir-Champa (C.G.) 5 - District Education Officer Janjgir-Champa, District Janjgir-Champa (C.G.) 6 - Block Education Officer Bamhanidih, District Janjgir-Champa (C.G.) --- Respondent(s) WPS No. 5136 of 2025 1 - Smt. Sarita Kumari Sahu W/o Bhoopendra Kumar Sahu Aged About 33 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Amlibhatha Tundra, Block Kasdol, District Baloda Bazar-Bhatapara 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 - Collector District Baloda Bazar-Bhatapara Chhattisgarh 4 - District Education Officer Baloda Bazar-Bhatapara, District Baloda Bazar- Bhatapara Chhattisgarh 5 - Block Education Officer Kasdol, District Baloda Bazar-Bhatapara Chhattisgarh --- Respondent(s) WPS No. 5132 of 2025 1 - Ajay Kumar Kashyap S/o Ramnarayan Kashyap Aged About 32 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Karichhapar, Block Pali District- Korba (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.) 4 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - Collector District Korba (C.G.) 4 - District Education Officer Korba, District- Korba (C.G.) 5 - Block Education Officer Pali, District- Korba (C.G.) --- Respondent(s) WPS No. 5120 of 2025 1 - Charan Sai S/o Sundra Ram Aged About 45 Years Prasently Working As Assistant Teacher (L.B.) At Govt. Primary School, Urmadand, Block Rajpur, District Balrampur Ramanujganj Chhattisgarh 2 - Janardan Singh Maravi S/o Shivprasad Ram Aged About 36 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Turridand, Block Rajpur, District Balrampur Ramanujganj 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 - Collector, District Balrampur Ramanujganj Chhattisgarh 4 - District Education Officer Balrampur Ramanujganj, District Balrampur Ramanujganj Chhattisgarh 5 - Block Education Officer Rajpur, District Balrampur Ramanujganj Chhattisgarh --- Respondent(s) WPS No. 5114 of 2025 1 - Subhash Singh Kashyap S/o Kalyan Singh Kashyap Aged About 51 Years Presently Working As Lecturer (L.B.) At Swami Atmanand Govt. Hindi Medium School, Simga Block Simga District Baloda Bazar Bhatapara 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 5 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 3 - Joint Director Education Division Bilaspur District Bilaspur Chhattisgarh 4 - Collector, District Baloda Bazar Bhatapara Chhattisgarh 5 - District Education Officer Baloda Bazar Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh 6 - Block Education Officer Simga, District Baloda Bazar Bhatapara Chhattisgarh --- Respondent(s) WPS No. 5081 of 2025 1 - Shashank Pandey S/o Vishnu Prasad Pandey Aged About 49 Years Presently Working As Assistant Teacher (L.B.) At Govt. Naveen Primary School, Bandhai Para Bhadi, Block Bilha, District Bilaspur (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 - Collector District Bilaspur (C.G.) 4 - District Education Officer Bilaspur, District Bilaspur (C.G.) 5 - Block Education Officer Bilha, District Bilaspur (C.G.) --- Respondent(s) WPS No. 5076 of 2025 1 - Gaurav Kumar Gedam S/o Arvind Kumar Gedam Aged About 28 Years Presently Working As Teacher At Kasturba Gandhi Balika Vidyalaya Sulenga, Block Narayanpur, District Narayanpur (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.) 6 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - Collector District Narayanpur (C.G.) 4 - District Education Officer Narayanpur, District Narayanpur (C.G.) 5 - Block Education Officer Narayanpur, District Narayanpur (C.G.) (Cause title taken from Case Information System) ... Respondent(s) For Petitioner(s) For Respondent(s)/ State : : Mr. Govind Dewangan, Advocate Mr. Vinay Pandey, Deputy A.G. Mr. Ajit Singh, Govt. Advocate Mr. Akhilesh Kumar, Govt. Advocate Mr. Shreyansh Mehta, Panel Lawyer Mr. Khulesh Sahu, Panel Lawyer Mr. Santosh Bharat, Panel Lawyer Mr. Kanwaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 19/06/2025 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. 7 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 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