Nafr High Court
Case Details
1 2025:CGHC:25808 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5252 of 2025 1 - Umashankar Rathiya S/o Jaypal Singh Aged About 37 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Kalgamar, Block - Kartala, 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.) 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 Kartala, District - Korba (C.G.) --- Respondent(s) WPS No. 5322 of 2025 1 - Narayan Prasad Rathore S/o Fekan Prasad Rathore Aged About 39 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Diprapara (Jarve), Block Kartala, District Korba 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 18:34:31 +0530 2 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 3 - Collector District Korba Chhattisgarh 4 - District Education Officer Korba, District Korba Chhattisgarh 5 - Block Education Officer Kartala, District Korba Chhattisgarh --- Respondent(s) WPS No. 5319 of 2025
Legal Reasoning
1 - Smt. Manju Trivedi W/o Hari Narayan Trivedi Aged About 52 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Kumharpara, Block Gariyaband District Gariyaband 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 Gariyaband Chhattisgarh. 4 - District Education Officer Gariyaband District Gariyaband Chhattisgarh. 5 - Block Education Officer Gariyaband, District Gariyaband Chhattisgarh. --- Respondent(s) WPS No. 5304 of 2025 1 - Adarsh Pathak S/o Bhuneshar Prasad Pathak Aged About 38 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Baima, 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.) 3 4 - District Education Officer Bilaspur, District- Bilaspur (C.G.) 5 - Block Education Officer Bilha, District- Bilaspur (C.G.) --- Respondent(s) WPS No. 5301 of 2025 1 - Smt. Ramkumari Ratnakar W/o Devnarayan Ratnakar Aged About 40 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Misda, Block Nawagarh, District : Janjgir-Champa, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education Mahanadi Bhawan Mantralay Atal Nagar Naya Raipur Distt. Raipur Chhattisgarh 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 Nawagarh, District : Janjgir-Champa, Chhattisgarh --- Respondent(s) WPS No. 5298 of 2025 1 - Chetan Ram Baghel S/o Manrakhan Das Aged About 36 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Dumardih Khurd, Block Rajnandgaon, District Rajnandgaon (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 Rajnandgaon (C.G.) 4 4 - District Education Officer Rajnandgaon, District- Rajnandgaon (C.G.) 5 - Block Education Officer Rajnandgaon, District Rajnandgaon (C.G.) --- Respondent(s) WPS No. 5289 of 2025 1 - Smt. Sheela Devi Tandiya W/o Kishan Ram Tandiya Aged About 44 Years Presently Working As Lecturer (L.B.) At Govt. Higher Secondary School, Jawali, Block Katghora, District Korba 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 Korba Chhattisgarh. 4 - District Education Officer Korba, District Korba Chhattisgarh. 5 - Block Education Officer Katghora District Korba Chhattisgarh. --- Respondent(s) WPS No. 5287 of 2025 1 - Smt. Mamta Soni W/o Sanjay Kumar Soni Aged About 60 Years Presently Working As Teacher (L.B.) At Govt Girls Middle School Arang Block Arang, District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education Mahanadi Bhawan Atal Nagar Naya Raipur Distt. Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Atal Nagar Naya Raipur, District : Raipur, Chhattisgarh 3 - Collector District Raipur, Chhattisgarh 4 - District Education Officer Raipur, District : Raipur, Chhattisgarh 5 - Block Education Officer Arang, District : Raipur, Chhattisgarh --- Respondent(s) 5 WPS No. 5280 of 2025 1 - Smt. Sunita Sahu W/o Mani Ram Sahu Aged About 43 Years Presently Working As Assistant Teacher (L.B.), At Govt. Boys Middle School Kosmanda, 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 2 - Director Directorate Public Instruction,indravati 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. 5276 of 2025 1 - Mansoor Ahmad Siddiqui S/o Mashkoor Ahmed Siddiqui Aged About 45 Years Presently Working As Assistant Teacher At Govt. Primary School, Amraipara, Tiwarta Block Pali, District- Korba 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- Korba Chhattisgarh 4 - District Education Officer, Korba- District Korba Chhattisgarh 5 - Block Education Officer, Pali, District Korba Chhattisgarh --- Respondent(s) 6 WPS No. 5275 of 2025 1 - Kashee Ram Rathia S/o. Roop Singh Rathia Aged About 43 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Nagoi, Block Kharsia, District - Raigarh, 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 - Raigarh, Chhattisgarh. 4 - District Education Officer Raigarh, District - Raigarh, Chhattisgarh. 5 - Block Education Officer Kharsia, District - Raigarh, Chhattisgarh. --- Respondent(s) WPS No. 5272 of 2025 1 - Smt. Sarojni Kashyap W/o Mahendra Kashyap Aged About 51 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Tekar, 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) 7 WPS No. 5266 of 2025 1 - Mahendra Kumar Vibhare S/o Late Rainoo Ram Vibhare Aged About 45 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Chhindoula, Block Gariyaband, District Gariyaband (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 Gariyaband (C.G.) 4 - District Education Officer Gariyaband, District Gariyaband (C.G.) 5 - Block Education Officer Gariyaband, District Gariyaband (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. 8 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 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. 9 6. With the aforesaid observation and direction, the present writ petitions
Decision
stand disposed of. ved Sd/- (Ravindra Kumar Agrawal) Judge