Nafr High Court
Case Details
1 SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.19 18:58:37 +0530 2025:CGHC:25639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5071 of 2025 1 - Sangita Pateria W/o Prashant Pateria Aged About 57 Years Presently Working As Teacher (L.B.) At Govt. Middle School Kosanagar, Block Durg, District Durg (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 - Joint Director Education Division Durg, District Durg (C.G.) 4 - Collector District Durg (C.G.) 5 - District Education Officer, Durg District Durg (C.G.) 6 - Block Education Officer, Durg District Durg (C.G.) --- Respondent(s) WPS No. 5248 of 2025 1 - Parmanand Bhardwaj S/o Chhedu Ram Bhardwaj Aged About 45 Years Presently Working As Teacher (L.B.) At Govt. Middle School Badedevgaon Block Kharsiya District - Raigarh (C.G.) 2 2 - Bodhram Barman S/o Mangal Das Barman Aged About 49 Years Presently Working As Teacher (L.B.) At Govt. Middle School Bakeli Block Kharsiya District - Raigarh (C.G.) 3 - Ashok Kumar Jangdey S/o Tiharu Ram Jangdey Aged About 42 Years Presently Working As Teacher (L.B.) At Govt. Middle School Ghaghara Block Kharsiya District - Raigarh (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 - Joint Director Education Division Bilaspur District - Bilaspur (C.G.) 4 - Collector District - Raigarh (C.G.) 5 - District Education Officer Raigarh District - Raigarh (C.G.) 6 - Block Education Officer Kharsiya, District - Raigarh (C.G.) --- Respondent(s) WPS No. 5242 of 2025 1 - Ramkumar Khunte S/o. Ful Say Khunte Aged About 49 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Bhainapara, Block - Kharsiya, District - Raigarh (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 - Raigarh (C.G.) 5 - District Education Officer, Raigarh District - Raigarh (C.G.) 6 - Block Education Officer, Kharsiya District - Raigarh (C.G.) --- Respondent(s) WPS No. 5237 of 2025 1 - Guman Singh Sahu S/o Jhadu Ram Sahu Aged About 41 Years Presently Working As Teacher (L.B.) At Govt. Middle School Brahmanlanjhiya, Block Ambagarh Chowki, District Mohla- Manpur-Ambagarh Chowki (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 - Joint Director Education Division Durg, District Durg (C.G.) 4 - Collector District Mohla- Manpur-Ambagarh Chowki (C.G.) 5 - District Education Officer Mohla, District Mohla- Manpur-Ambagarh Chowki (C.G.) 6 - Block Education Officer Ambagarh Chowki, District Mohla- Manpur-Ambagarh Chowki (C.G.) --- Respondent(s) 4 WPS No. 5191 of 2025 1 - Seema Tembhare W/o Ajay Tembhare Aged About 50 Years Presently Working As Teacher (L.B.) At Govt. Girls Middle School Ambagarh Chowki, Block Ambagarh Chowki, District Mohla-Manpur-Ambagarh Chowki 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 - Joint Director Education Division Durg, District Durg Chhattisgarh 4 - Collector District Mohla-Manpur-Ambagarh Chowki Chhattisgarh 5 - District Education Officer Mohla, District Mohla-Manpur-Ambagarh Chowki Chhattisgarh 6 - Block Education Officer Chowki, District Mohla-Manpur-Ambagarh Chowki Chhattisgarh --- Respondent(s) WPS No. 5173 of 2025 1 - Komal Ram Dhruw S/o Late Gyanik Ram Dhruw Aged About 55 Years Presently Working As Teacher (L.B.) At Govt. Middle School Kodebod, Block - Kurud, District- Dhamtari (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.) 5 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - Joint Director Education Division Raipur, District- Raipur (C.G.) 4 - Collector District - Dhamtari (C.G.) 5 - District Education Officer Dhamtari, District- Dhamtari (C.G.) 6 - Block Education Officer Kurud, District- Dhamtari (C.G.) --- Respondent(s) WPS No. 5095 of 2025 1 - Brijmohan Kewat S/o Mohit Ram Kewat Aged About 36 Years Presently Working As Assistant Teacher (L.B.) At Govt. Primary School Hariyarpur Block Mungeli District - Mungeli (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.) 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- Mungeli (C.G.) 5 - District Education Officer Mungeli District - Mungeli (C.G.) 6 - Block Education Officer Mungeli District- Mungeli (C.G.) --- Respondent(s) 6 WPS No. 5075 of 2025
Legal Reasoning
1 - Smt. Santoshi Sahu W/o. Shri Gautam Sahu Aged About 38 Years Presently Posted As Assistant Teacher (Lb) At Government Primary School, Arjuni, Block - Dhamtari, District - Dhamtari (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 2 - Director, Directorate Of Lok Shikshan Indrawati Bhawan, Mantralaya, Atal Nagar, Nawa Raipur (C.G.) 3 - Joint Director Education Division, Raipur (C.G.) 4 - Collector And Chairman District Level Rationalization Committee, District - Dhamtari (C.G.) 5 - District Education Officer And Secretary District Level Rationalizaiton Committee, District - Dhamtari (C.G.) 6 - Block Education Officer Dhamtari, District - Dhamtari (C.G.) --- Respondent(s) For Petitioner(s) For Respondent(s) : : Mr. Pramod Ramteka, Advocate Mr. S. P. Kale, Addl. Advocate General Mr. Vinay Pandey, Dy. A. G. Ms. Smita Jha, Panel Lawyer 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 7 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 8 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