Nafr High Court
Case Details
1 2025:CGHC:26128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5379 of 2025 1 - Girish Kumar Dewangan S/o Shyam Lal Dewangan Aged About 59 Years Posted As - Lecturer, (English) At - Govt. Hr. Sec. School, Giroudpuri, Block - Kasdlol, District - Baloda Bazar - Bhatapara, (C.G.) --- Petitioner(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.20 19:02:18 +0530 versus 1 - State Of Chhattisgarh Through - Its Secretary, Department Of School Education, Mantralay, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director Public Instructions, Chhattisgarh H.Q. - Indrawati Bhawan, Atal Nagar, Raipur, Distt. - Raipur (C.G.) 3 - The Collector District - Baloda Bazar -Bhatapara, (C.G.) 4 - The District Education Officer Cum Member Secretary District Yuktiyutkaran Samiti, District - Baloda Bazar - Bhatapara, (C.G.) 5 - Karuna Das Manikpuri Lecturer ( English ) At - Govt. Hr. Sec. School, Giroudpuri, Block - Kasdol, District - Baloda Bazar - Bhatapara, (C.G.) --- Respondent(s) WPS No. 5590 of 2025 1 - Sanjay Kumar Chandrakar S/o Late Kartik Ram Chandrakar Aged About 54 Years Posted As Teacher (L.B.), At Govt. Middle School, Allbaras, Block And District - Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralay, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur Chhattisgarh 2 2 - The Director Public Instructions, Chhattisgarh H.Q. - Indrawati Bhawan, Atal Nagar, Raipur Distt. - Raipur Chhattisgarh 3 - The Joint Director Education Division, Durg, District - Durg Chhattisgarh 4 - The Collector Cum President Jila Yuktityuktkaran Samiti, Durg, District - Durg Chhattisgarh 5 - The District Education Officer Cum Member Secretary District Yuktityuktkaran Samiti, Durg, District - Durg Chhattisgarh
Legal Reasoning
6 - Smt. Gumita Sahu Teacher, Govt. Middle School, Allbaras, Block And District - Durg Chhattisgarh --- Respondent(s) WPS No. 5533 of 2025 1 - Devkinandan Sharma S/o Kailash Chand Sharma Aged About 41 Years Posted As - Teacher (L.B.), At- Govt. Middle School, Chandrakhuri, Block And District- Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Its Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District - Raipur (C.G.) 2 - The Director Public Instructions, Chhattisgarh H.Q. - Indrawati Bhawan, Atal Nagar, Raipur, Distt.- Raipur (C.G.) 3 - The Joint Director Education Division, Durg, District- Durg (C.G.) 4 - The Collector Cum President Jila Yuktiyuktkaran Samiti, Durg, District- Durg, (C.G.) 5 - The District Education Officer Cum Member Secretary District Yuktiyutkaran Samiti, Durg, District- Durg (C.G.) 6 - Smt. Pushpalata Gajendra Teacher, Govt. Middle School, Chandrakhuri, Block And District- Durg (C.G.) --- Respondent(s) WPS No. 5476 of 2025 1 - Smt. Manju Khandelwal W/o Shri Nitin Khandelwal Aged About 49 Years Posted As Lecturer (Maths) At Govt. Hr. Sec. School, Khairkhunt, Block Tilda, District Raipur Chhattisgarh. ---Petitioner(s) 3 Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralay, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - The Director Public Instructions, Chhattisgarh H.Q. Indrawati Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh. 3 - The Collector / President District Yuktiyuktkaran Samiti, Raipur, District Raipur Chhattisgarh. 4 - The District Education Officer Cum Member Secretary District Yuktiyuktkaran Samiti, Raipur, District Raipur Chhattisgarh. --- Respondent(s) WPS No. 5462 of 2025 1 - Anupam Agrawal S/o Brahmanand Agrawal Aged About 45 Years Posted As Teacher (L.B.), At Govt. Middle School, Pro. Indranagar Chikhli, Block And District Durg Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - The Director Public Instructions, Chhattisgarh H.Q. Indrawati Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh. 3 - The Joint Director Education Division, Durg, District Durg Chhattisgarh. 4 - The Collector Cum President Jila Yuktiyuktkaran Samiti, Durg, District Durg Chhattisgarh. 5 - The District Education Officer Cum Member Secretary District Yuktiyuktkaran Samiti, Durg, District Durg Chhattisgarh. --- Respondent(s) WPS No. 5420 of 2025 1 - Brijkishore Sharma S/o Kailashchand Sharma Aged About 48 Years Posted As Teacher (L.B.) At Govt. Middle School, Rasmada, Block And District Durg Chhattisgarh. ---Petitioner(s) 4 Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education Mantralay, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh. 2 - The Director Public Instructions, Chhattisgarh H.Q. Indrawati Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh. 3 - The Joint Director Education Division, Durg, District Durg Chhattisgarh. 4 - The Collector Cum President Jila Yuktiyuktkaran, Samiti, Durg, District Durg Chhattisgarh. 5 - The District Education Officer Cum Member Secretary District Yuktiyutkaran Samiti, Durg, District Durg Chhattisgarh. --- Respondent(s) For Petitioner(s) : Ms. Juhi Anguriya, Advocate. For Respondent(s) : Mr. S. Choubey, Panel Lawyer, and Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 20-06-2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have 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
Decision
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. He would further submit that if the petitioners are having any grievance, they may move fresh 5 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 five days from today, and appear before the said Committee on 26th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners within seven 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 the petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Alok Sd/- (Ravindra Kumar Agrawal) Judge