Nafr High Court
Case Details
Digitally signed by V PADMAVATHI Date: 2025.06.26 15:09:23 +0530 2025:CGHC:27684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5967 of 2025 Dheerendra Kumar Pandey S/o Rishi Kesh Pandey Aged About 45 Years Presently Posted As Teacher At Government Upper Primary School, Chhatauna Block- Takhatpur, District- Bilaspur Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh 2 - Joint Director Division Education, Bilaspur (C.G.) 3 - Collector Collector Complex, District- Bilaspur (C.G.) 4 - District Education Officer Deo Office, District- Bilaspur (C.G.) 5 - Block Education Officer Block- Takhatpur District- Bilaspur (C.G.) 6 - Sub-Divisional Magistrate (Revenue) President Of Block Level Committee Tehsil- --- Respondent(s) Takhatpur District- Bilaspur (C.G.) WPS No. 6147 of 2025
Legal Reasoning
Smt. Shridevi Nag W/o Dhaneshwar Nag Aged About 42 Years Presently Posted As Assistant Teacher At Government Primary School, Halba, Block - Charama, District Kanker Chhattisarh 494337. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District Raipur, Chhattisgarh 492002. 2 - Director Directorate Of Public Instruction Indravati Bhawan, Naya Raipur, Chhattisgarh 492002. 3 - Collector Collector Complex, District Kanker, Chhattisgarh. 4 - District Education Officer Deo Office, District Kanker, Chhattisgarh. 5 - Block Education Officer Block - Charama, District Kanker, Chhattisgarh. 6 - Sub Divisional Magistrate (Revenue) President Of Block Level Committee Block Charama, District Kanker Chhattisgarh. --- Respondent(s) Wps 5967 of 2025 and connected cases 2 WPS No. 6127 of 2025 Ghanshyam Sinha S/o Jageshwar Lal Sinha Aged About 40 Years Presently Posted As Assistant Teacher At Government Primary School, Chapeli, Block- Charama, District- Kanker, Chhattisgarh- 494337 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh- 492002 2 - Director Directorate Of Public Instruction, Indravati Bhawan, Naya Raipur, Chhattisgarh- 492002 3 - Collector Collector Complex, District- Kanker, Chhattisgarh 4 - District Education Officer D.E.O. Office, District- Kanker, Chhattisgarh 5 - Block Education Officer Block- Charama, District- Kanker, Chhattisgarh 6 - Sub-Divisional Magistrate (Revenue) President Of Block Level Committee Block- Charama, District- Kanker, Chhattisgarh --- Respondent(s) WPS No. 6124 of 2025 Sangita Sahu W/o Rajesh Kumar Sahu Aged About 44 Years Presently Posted As Head Master At Government Primary School, Risda, Block- Masturi, District- Bilaspur, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District - Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, Indravati Bhawan, Naya Raipur, Chhattisgarh. 3 - Collector Collector Complex, District - Sakti, (C.G.) 4 - Joint Commissioner Education Division, District - Sakti, Chhattisgarh. 5 - District Education Officer Block Sakti, District - Sakti, (C.G.), 495001 6 - Sub-Divisional Magistrate (Revenue) President Of Block Level Committee, Block- --- Respondent(s) Sakti, District- Janjgir- Champa, (C.G.) 495551 WPS No. 6115 of 2025 Baby Anjali Lakra W/o Kamalnarayan Aged About 35 Years Presently Posted As Assistant Teacher (Lb) At Government Girls Primary School, Jhagarakhand, Block - Manendragarh District -Manendragarh - Chirmiri - Bharatpur Chhattisgarh - 497442 ---Petitioner(s) Wps 5967 of 2025 and connected cases 3 Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District - Raipur, Chhattisgarh - 492002 2 - Director Directorate Of Public Instruction Indravati Bhawan, Naya Raipur, Chhattisgarh - 492002 3 - Collector Collector Complex, District - Manendragarh- Chirmiri - Bharatpur Chhattisgarh - 497442 4 - District Education Officer Deo Office, District - Manendragarh- Chirmiri - Bharatpur Chhattisgarh- 497442 5 - Block Education Officer Block- Manendragarh, District - Manendragarh- Chirmiri- Bharatpur Chhattisgarh - 497442 6 - Sub-Divisional Magistrate (Revenue) President Of Block Level Committee Block- Manendragarh, District - Manendragarh- Chirmiri - Bharatpur Chhattisgarh - 497442 --- Respondent(s) WPS No. 6091 of 2025 Smt. Reena Devi Uikey W/o Vinay Kumar Uikey Aged About 36 Years Presently Posted As Assistant Teacher At Government Primary School, Jambahar, Block - Charama, District North Bastar Kanker Chhattisgarh 494337 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District - Raipur, Chhattisgarh 492002 2 - Director Directorate Of Public Instruction Indravati Bhawan, Naya Raipur, Chhattisgarh 492002 3 - Collector Collector Complex, District North Bastar Kanker Chhattisgarh 4 - District Education Officer Deo Office, District North Bastar Kanker Chhattisgarh 5 - Block Education Officer Block - Charama, District North Bastar Kanker Chhattisgarh 6 - Sub Divisional Magistrate (Revenue) President Of Block Level Committee Block - --- Respondent(s) Charama, District North Bastar Kanker Chhattisgarh WPS No. 6088 of 2025 Mukesh Kumar Rawte S/o Dharam Singh Rawte Aged About 41 Years Presently Posted As Assistant Teacher At Government Primary School, Rawanbhatha, Block- ---Petitioner(s) Charama, District- Kanker, Chhattisgarh- 494337 Versus Wps 5967 of 2025 and connected cases 4 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh- 492002 2 - Director Directorate Of Public Instruction, Indravati Bhawan, Naya Raipur, Chhattisgarh- 492002 3 - Collector Collector Complex, District- Kanker, Chhattisgarh 4 - District Education Officer D.E.O. Office, District- Kanker, Chhattisgarh 5 - Block Education Officer Block- Charama, District- Kanker, Chhattisgarh 6 - Sub-Divisional Magistrate (Revenue) President Of Block Level Committee, Block- Charama, District- Kanker, Chhattisgarh --- Respondent(s) WPS No. 6086 of 2025 Pratibha Agrawal W/o Shri Manish Agrawal Aged About 35 Years Presently Posted As Assistant Teacher At Government Primary School, Balgikhar, Block- Katghora, District- Korba Pin Code 495455 C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District- Raipur, Chhattisgarh. 2 - Director, Directorate Of Public Instruction Indravati Bhawan, Naya Raipur Chhattisgarh 3 - Collector, Collector Complex, District - Korba C.G. 4 - District Education Officer D E O Office, District - Korba C.G. 5 - Block Education Officer Block- Katghora, District Korba C.G. 6 - Sub Divisional Magistrate Revenue Division- Katghora, District- Korba C.G. ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Devashish Tiwari, and Shri Shiv For Respondents/State : Shri Ajit Singh, GA, Shri Suyash Dhar Sewak, Advocates Badgayya, Dy GA, Shri KS Saini, PL, Ms Smita Jha, PL, Ms Anuja Sharma, PL, Shri Khulesh Sahu, PL, and Shri S Choubey, PL ------------------------------------------------------------------------------------------------------------------ Wps 5967 of 2025 and connected cases 5 Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 25.06.2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order 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 orders are 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 five days from today, and appear before the said Committee on 1st July, 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 Wps 5967 of 2025 and connected cases 6 representations 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 stand
Decision
disposed of. padma Sd/- (Ravindra Kumar Agrawal) JUDGE