Dismissed¶¶26

Pinku Sharma v. State of Chhattisgarh

Chhattisgarh HC28 Jul 2025WPS/7158/2025

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; WPS No. 7158 of 2025; Pinku Sharma v. State of Chhattisgarh and others; Justice Ravindra Kumar Agrawal; decided 29-07-2025; transfer of surplus teacher; Teacher Rationalization Instructions; District Rationalization Committee; rejection of representation; withdrawal of writ petition with liberty; Committee headed by Divisional Commissioner; notification dated 07-07-2025; Lecturer (English); Panchayat Teacher; Surajpur; Sarguja Division; school education; second round of litigation.

What did the court decide?

Liberty granted to the petitioner to move/pursue his/her representation before the Committee constituted under notification dated 07-07-2025, raising all grievances; the Committee to decide the representation on its own merits in accordance with law as early as possible. ¶¶26

Pinku Sharma Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶26

Issue for consideration

Whether the petitioner may be permitted to withdraw the present writ petition with liberty to move a fresh representation before the Committee constituted vide notification dated 07-07-2025, and whether that Committee should be directed to decide the representation within a stipulated time period.

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Court's answer

Without entering into the merits of the case, the writ petition is dismissed as withdrawn, with liberty to the petitioner to move/pursue his/her representation before the Committee constituted under notification dated 07-07-2025, raising all grievances.

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Ratio / Principle

The Committee constituted under notification dated 07-07-2025 shall decide the petitioner's representation on its own merits in accordance with law as early as possible.

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Detailed headnote1 paragraphs

Second round of litigation: writ petition by a Lecturer (English) who had been declared a surplus Teacher under the Teacher Rationalization Instructions and transferred. His earlier writ petition was disposed of on 13-06-2025 with liberty to move a fresh representation, and the District Rationalization Committee was directed to decide it within a specific time period; the representation was subsequently rejected. During the pendency of the present petition, the State Government constituted another Committee headed by the Divisional Commissioner vide notification dated 07-07-2025 for redressal of grievances against decisions of the District/Divisional Rationalization Committee. Counsel for the petitioner sought leave to withdraw the petition with liberty to move a fresh representation before the newly constituted Committee; the State raised no objection. Without entering into the merits of the case, the High Court dismissed the writ petition as withdrawn with liberty to the petitioner to move/pursue his representation before the Committee constituted under notification dated 07-07-2025, raising all grievances, and directed the Committee to decide the representation on its own merits in accordance with law as early as possible.

2025:CGHC:37031

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 7158 of 2025

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1 - Pinku Sharma S/o Late Umesh Sharma Aged About 41 Years Presently Working As Lecturer ( English) Nat Govt. Higher Secondary School. Ramnagar, Block And District Surajpur C.G.

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... Petitioner

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versus

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1 - State of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bahwan, Atal Nagar Naya Raipur District Raipur C.G.

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2 - Director Directorate of Public Instruction, Indirawati Bahwan, Atal Nagar Naya Raipur, District Raipur C.G.

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3 - Joint Director Education Division Sarguja, District Surguja C.G.

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4 - Collector District Surajpur C.G.

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5 - District Education Officer Surajpur District Surajpur C.G.

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6 - Block Education Surajpur, District Surajpur C.G.

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7 - Principal Govt. Higher Secondary School, Ramnagar, Block And District Surajpur C.G.

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8 - Smt. Rekha Tripathi Working As Panchayat Teacher ( English ) At Govt. Higher Secondary School, Ramnagar, Block And District Surajpur C.G.

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... Respondents

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(Cause-title taken from Case Information System)

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For Petitioner : Mr. Tapan K. Chandra, Advocate. For State-Respondents : Mr. Vinay Pandey, Deputy Advocate General. For Respondent No.8 Mr. Aditya Sharma, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board

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Digitally signed by MOHAMMAD AADIL KHAN

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29-07-2025

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1. This is second round of litigation. In the earlier round of litigation the writ petition filed by the petitioner against his/her transfer order after declaring surplus Teacher under the Teacher Rationalization Instructions, was disposed of on 13-06-2025 with liberty to move fresh representation and in turn the District Rationalization Committee was directed to decide the same within specific time period. Now this petition has been filed after rejection of representation filed by the petitioner.

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2. The counsel for the petitioner fairly submits that the State Government has now constituted another Committee headed by the Divisional Commissioner vide notification dated 07-07-2025 for redressal of the grievances against the decision taken by the District/Divisional Rationalization Committee on the representation moved by the petitioner. Therefore, the petitioner may be permitted to withdraw this petition with liberty to move fresh representation before the Committee constituted vide notification dated 07-07-2025 and the Committee be directed to decide the same within stipulated time period.

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3. Learned counsel for the State does not have any objection if such a direction is given to the said Committee constituted under notification dated 07-072025.

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4. Considering the submissions made by the counsel for the parties, without entering into the merits of the case, the writ petition is dismissed as withdrawn with liberty in favour of the petitioner to move/pursue his/her representation to the Committee constituted under notification dated 07-072025 raising all the grievances and the Committee, in turn, shall decide the same on its own merits in accordance with law as early as possible.

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Sd/-

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(Ravindra Kumar Agrawal) Judge

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Aadil

Pinku Sharma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Pinku Sharma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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