High Court of Chhattisgarh
Case Details
1 HIGH COURT OF CHHATTISGARH AT BILASPUR NAFR WPS No. 5811 of 2025 1 - Mrs. Rashmi Thakur W/o Mr. Pooran Singh Thakur Aged About 45 Years Post Assistant Teacher (Local Body) Posted At Govt. Primary School Badelli, Block Charama, District Uttar Baster Kanker, Chhattisgarh. versus --- Petitioner(s) Naya Raipur, District 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Chhattisgarh. Mantralaya, 2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Collector And President District Rationalization Committee, District Uttar Baster Chhattisgarh. Kanker, District Education Officer District Uttar Baster Kanker, Chhattisgarh. 4 - 5 - District Education Officer And Secretary District Level Rationalization Committee, District Chhattisgarh. Baster 6 - Joint Director Education Division Baster Jagdalpur, District Baster, Chhattisgarh. Kanker, Raipur, Uttar WPS No. 6497 of 2025 --- Respondent(s)
Legal Reasoning
1 - Tomesh Markam S/o Mr. D.S. Markam Aged About 36 Years Post Assistant Teacher Local Body, Posted At Govt. Naveen Primary School, Aturgaon, Badepara, Block Kanker, District Uttar Baster Kanker, Chhattisgarh. Versus ---Petitioner(s) 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh. 4 - District Education Officer District Uttar Baster Kanker, Chhattisgarh. 5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh. 6 - Joint Director Education Division Baster Jagdalpur, District Baster, Chhattisgarh. --- Respondent(s) WPS No. 6494 of 2025 1 - Mrs. Lalima Sahare W/o Mr. Ganesh Ram Sahare Aged About 43 Years Post Teacher Local Body, Posted At Govt. Upper Primary School Nawdabri, Block Narharpur, District Uttar Baster Kanker (C.G.) ---Petitioner(s) Versus 2 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, District Raipur (C.G.) 2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur (C.G.) 3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker (C.G.) 4 - District Education Officer District Uttar Baster Kanker (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Bastar Kanker (C.G.) 6 - Joint Director Education, Division Baster Jagdalpur, District Baster (C.G.) --- Respondent(s) WPS No. 6478 of 2025 1 - Dinesh Kumar Pipre S/o Mr. Hukoomchand Pipre Aged About 35 Years Post Teacher Local Body, Posted At Govt, Upper Primary School, Hamatwahi, Block Durgukondal, District Uttar Baster Kanker, Chhattisgarh. Versus ---Petitioner(s) 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh. 4 - District Education Officer District Uttar Baster Kanker, Chhattisgarh. 5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh. 6 - Joint Director Education Division Baster Jagdalpur, District Baster, Chhattisgarh. --- Respondent(s) WPS No. 6476 of 2025 1 - Manesh Kumar Dhruw S/o Mr. Shiv Kumar Dhruw Aged About 39 Years Post Teacher Local Body, Posted At Govt. Upper Primary School, Kochwahi, Block Narharpur, District Uttar Baster Kanker, Chhattisgarh. Versus ---Petitioner(s) 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh. 4 - District Education Officer District Uttar Baster Kanker, Chhattisgarh. 5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh. 6 - Joint Director Education Division Baster Jagdalpur, District Baster, Chhattisgarh. --- Respondent(s) WPS No. 6457 of 2025 1 - Om Prakash Sahu S/o Mr. Ramu Ram Sahu Aged About 50 Years Post Lecturer Local Body, Posted At Govt, Higher Secondary School, Sureli, Block Kanker, District Uttar Bastar Kanker, R/o Village Beverti, Kanker, District Uttar Bastar Kanker, Chhattisgarh. Versus ---Petitioner(s) 3 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh. 4 - District Education Officer District Uttar Baster Kanker, Chhattisgarh. 5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh. 6 - Joint Director Education Division Baster Jagdalpur, District Baster, Chhattisgarh. --- Respondent(s) WPS No. 6440 of 2025 1 - Nagendra Kumar Gupta S/o Mr. Hira Lal Gupta Aged About 49 Years Post Lecturer Local Body, Posted At Govt. High School Bulawand, Block Antagarh, Distt. Uttar Baster Kanker, C.G. Versus ---Petitioner(s) 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, Distt. Raipur, C.G. 2 - Director Public Instruction, Mantralaya, Naya Raipur, Distt. Raipur 3 - The Collector And President District Rationalization Committee, Distt. Uttar Baster Kanker, C.G. 4 - District Education Officer Distt. Uttar Baster Kanker, C.G. 5 - District Education Officer And Secretary District Level Rationalization Committee, Distt. Uttar Baster Kanker, C.G. 6 - Joint Director Education Division Baster Jagdalpur, Distt. Baster, C.G. --- Respondent(s) WPS No. 6439 of 2025 1 - Sudarshan Singh Ahir S/o Baijnath Ahir Aged About 52 Years Post Lecturer, Local Body, Posted At Govt. Higher Secondary Basanwahi, Block Narharpur District Utrar Bastar Kanker Chhattsgarh Versus ---Petitioner(s) 1 - The State Of Chhattisgarh Through Its Secretary. School Education Department Mantralaya, Naya Raipur District Raipur Chhattisgarh 2 - Director, Mantralaya, Naya Raipur Dist. Raipur Chhattisgarh 3 - The Collector And President District Rationalization Committee, Distt. Uttar Bastar Kanker Chhattisgarh 4 - District Education Officer, Distt. Uttar Baster Kanker Chhattisgarh 5 - District Education Officer And Secretary District Level Rationalization Committee District Uttar Bastar Kanker Chhattisgarh 6 - Joint Director, Education, Division Baster Jagdalpur Distt. Baster Chhattisgarh --- Respondent(s) WPS No. 6421 of 2025 1 - Rakesh Kumar Nirmalkar S/o Mr. Punit Ram Nirmalkar Aged About 42 Years Post Teacher, Local Body, Posted At Govt. Upper Primary School, Talabeda, Block Antagarh, District Uttar Baster Kanker, Chhattisgarh. Versus ---Petitioner(s) 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh. 3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh. 4 - District Education Officer District Uttar Baster Kanker, Chhattisgarh. 4 5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh. 6 - Joint Director Education Division Baster Jagdalpur, District Baster, Chhattisgarh. --- Respondent(s) WPS No. 5970 of 2025 1 - Mrs. Seema Nag W/o Mr. Satyandra Nag Aged About 47 Years Post Lecturer (Local Body) Posted At Govt. Girls Higher Secondary School, Block Kanker Distt. Uttar Baster Kanker C.G Versus ---Petitioner(s) 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, Distt. Raipur (C.G.) 2 - Director Public Instruction, Mantralaya Naya Raipur, Distt. Raipur 3 - The Collector And President District Rationalization Committee Distt. Uttar Baster Kanker C.G 4 - District Education Officer Distt. Uttar Baster Kanker C.G 5 - District Education Officer And Secretary District Level Rationalization Committee Distt. Uttar Baster Kanker C.G --- Respondent(s) For Petitioner (s) For State : : Shri Parag Kotecha, Advocate. Shri Khulesh Kumar Sahu, Panel Lawyer. Hon ’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 27.06.2025 1. By way of these writ petitions, the petitioner(s) is/are challenging the impugned transfer order and action of the respondents whereby the petitioner(s) have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner(s) 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 petitioner(s) and if the petitioner(s) are not granted interim relief,
Decision
they will suffer with irreparable loss. Therefore, the impugned order is liable to be set aside as the petitioners have not joined the transferred place of posting. 3. Learned counsel for the State would submit that after due verification of records the petitioners have been transferred under the rationalization 5 instructions issued by the State Government. He would further submit that if the petitioner(s) are having any grievance, they may move fresh representation before the concerned District/Divisional 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 petitioner(s) are directed to make fresh representation 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 representation in accordance with law in objective manner. Till representation of petitioner(s) are decided, there shall be status quo as it exists today so far as transfer of present petitioner(s) is concerned. 6. With the aforesaid observation and direction, these writ petitions stand disposed of. inder Sd/- (Ravindra Kumar Agrawal) Judge