Nafr High Court
Case Details
Digitally signed by V PADMAVATHI Date: 2025.06.28 10:25:49 +0530 2025:CGHC:28409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5862 of 2025 Dushyant Kumar Sabla S/o Shri Mahendra Sabla Aged About 39 Years Presently Working As Lecturer At Govt. Atmanand Hindi / English Medium School, Lalbahadur Nagar, Rajnandgaon, District - Rajnandgaon (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahandi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - The Joint Director Education Division Raipur, District - Raipur (C.G.) 4 - The Collector Rajnandgaon, District - Rajnandgaon (C.G.) 5 - The Block Education Officer Chhuriya, District - Rajnandgaon (C.G.) --- Respondent(s) WPS No. 6542 of 2025
Legal Reasoning
Mahesh Kumar Kunjam S/o Shri Salik Ram Kunjam Aged About 56 Years Presently Working As Teacher (L.B.) At Govt. Middle School Khadan Kshetra, Mathpurena, Block Dharsiva, District - Raipur 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 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh 3 - The Joint Director Education Division Raipur, District Raipur Chhattisgarh 4 - The Collector Raipur, District - Raipur Chhattisgarh 5 - The District Education Officer Raipur, District Raipur Chhattisgarh --- Respondent(s) Wps 5862 of 2025 and connected cases 2 WPS No. 6516 of 2025 Krishna Das S/o Shri Porro Das Aged About 49 Years Presently Working As Lecturer At Govt. Higher Secondary School ,lamgaon, Block - Lundra, District - Surguja (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahandi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - The Joint Director Education Division Raipur, District - Raipur (C.G.) 4 - The Collector Surguja, District - Surguja (C.G.) 5 - The District Education Officer Surguja, District - Surguja (C.G.) 6 - The Block Education Officer Rajpur, District - Surguja (C.G.) --- Respondent(s) WPS No. 6506 of 2025 Shri Abdul Rasid S/o Md. Israil Aged About 56 Years Posted As Teacher (L.B.) Govt. Middle School Gadabhar, Block- Kunkuri, District Jashpur, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh. 2 - Joint Director Directorate Of Public Education, Sarguja Division, Ambikapur, District Sarguja, Chhattisgarh. 3 - Collector Jashpur District Jashpur, Chhattisgarh. 4 - District Education Officer Jashpur, District Jashpur, Chhattisgarh. 5 - Block Education Officer Block Kunkuri, District Jashpur, Chhattisgarh. --- Respondent(s) WPS No. 6462 of 2025 Shivlal Salam S/o Shri Nohar Singh Salam Aged About 50 Years Presently Working As Teacher (L.B.) At Govt. Middle School Siyarinala Dhamtari, District - Dhamtari (C.G.) ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahandi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) Versus Wps 5862 of 2025 and connected cases 3 2 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - The Joint Director Education Division Raipur, District - Raipur (C.G.) 4 - The Collector Dhamtari, District - Dhamtari (C.G.) 5 - The District Education Officer Dhamtari, District - Dhamtari (C.G.) --- Respondent(s) WPS No. 6452 of 2025 Brijbhawan Singh Kanwar S/o Shri Budhwar Singh Aged About 45 Years Presently Working As Teacher (L.B.) At Govt. Middle School Telsara, Block Podiuproda, 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 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - The Joint Director Education Division Raipur, District Raipur (C.G.). 4 - The Collector Korba (C.G.), District - Korba (C.G.) 5 - The District Education Officer Korba (C.G.), District - Korba (C.G.) 6 - The Block Education Officer Podiuproda, District Korba (C.G.) --- Respondent(s) WPS No. 5890 of 2025 Pushpa Gangboir W/o Shri Raghunandan Gangboir Aged About 48 Years Presently Working As Teacher (L.B.), At Govt. Middle School Bhoinapar, District Balod 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 - The Director Directorate Of Public Instruction Indrawati Bhawan, Atal Nagar Naya Raipur Disrict Raipur Chhattisgarh 3 - The Joint Director Education Division Durg District Durg Chhattisgarh 4 - The Collector Balod Chhattisgarh District Balod Chhattisgarh 5 - The District Education Officer Balod District Balod Chhattisgarh 6 - The Block Education Officer Baiod District Balod Chhattisgarh Wps 5862 of 2025 and connected cases 4 ...Respondents ------------------------------------------------------------------------------------------------------------------ (Cause title is taken from the CIS) For Petitioners For Respondents/State : Shri Kaushal Yadav, Advocate : Shri Santosh Bharat, Shri Mayur Khandelwal,Shri KS Saini, Shri S Choubey, Shri Shreyansh Mehta, and Ms Nuja Sharma, Panel Lawyers ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 27.06.2025 1. By way of this writ petition, 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. 2. Learned counsel for the petitioners would submit that the 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. Learned counsel would further submit that the petitioners have not joined in their transferred place of posting till date. 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. It is further submitted that if the petitioners are having any grievance, they may move fresh representations before the concerned District/Divisional Rationalization Committee, and the Committee will take a decision on their representations in accordance with law within a stipulated period. Wps 5862 of 2025 and connected cases 5 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 representations before the concerned District/Divisional Rationalization Committee within a period of five days from today, and thereafter the Committee shall decide the same within a further period of five days from the date of receipt of representations in accordance with law in objective manner. Till representations of the petitioners are decided, there shall be status quo as it exists today so far as transfer of present petitioners are concerned. 6. With the aforesaid observation and direction, the present writ petitions stand
Decision
disposed of. padma Sd/- (Ravindra Kumar Agrawal) JUDGE