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Case Details

1 2025:CGHC:25633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5060 of 2025 1 - Smt. Shraddha Sharma W/o Kishor Sharma Aged About 44 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Mudhali, Block Katghora, 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 Katghora, District Korba (C.G.) --- Respondent(s) WPS No. 5296 of 2025 1 - Ku. Geeta Gupta D/o Jagdev Prasad Gupta Aged About 50 Years Presently Working As Lecture (L.B.) At Swami Atmanand Govt. Hindi Medium School, Bariyon, Block Rajpur, District Balrampur-Ramanujganj (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.) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.19 18:32:22 +0530 2 2 - Director, Director Of Public Instruction Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - Collector District Balrampur-Ramanujganj (C.G.) 4 - District Education Officer Balrampur-Ramanujganj, District Balrampur- Ramanujganj (C.G.) 5 - Block Education Officer Rajpur, District Balrampur-Ramanujganj (C.G.) --- Respondent(s) WPS No. 5270 of 2025 1 - Komal Ram Sahu S/o Gaind Ram Sahu Aged About 42 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Kansinghi, Block Chhura, 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 Chhura, District Gariyaband Chhattisgarh. --- Respondent(s) WPS No. 5256 of 2025

Legal Reasoning

1 - Smt. Monika Patel W/o Yogesh Patel Aged About 42 Years Presently Working As Assistant Teacher (L.B.), At Primary School Pacheda, Block Arang District Balrampur Ramanujganj Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur District Raipur Chhattisgarh 2 - Director Public Instruction, Directorate Indravati Bhawan, Naya Raipur District Raipur Chhattisgarh 3 3 - The Collector District Balrampur Ramanujganj Chhattisgarh 4 - District Education Officer District Balrampur Ramanujganj Chhattisgarh 5 - Block Education Officer Arang, District Raipur Chhattisgarh --- Respondent(s) WPS No. 5184 of 2025 1 - Smt. Neelam Goswami W/o Yogeshwar Puri Goswami Aged About 41 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Chandrapur, Block Dabhara, District Sakti 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 Sakti Chhattisgarh. 4 - District Education Officer Sakti, District Sakti Chhattisgarh. 5 - Block Education Officer Dabhara, District Sakti Chhattisgarh. --- Respondent(s) WPS No. 5128 of 2025 1 - Ami Lal Rathiya S/o Prem Singh Rathiya Aged About 39 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Kothi Kunda, 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 4 5 - Block Education Officer Kharsia, District Raigarh Chhattisgarh --- Respondent(s) WPS No. 5122 of 2025 1 - Manik Ram Kahra S/o. Bishram Prasad Aged About 45 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School, Kumhipani, 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.) 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.) (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. 5 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. 6. With the aforesaid observation and direction, the present writ petitions

Decision

stand disposed of. ved Sd/- (Ravindra Kumar Agrawal) Judge

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