Hemmani Yadu Vs State of Chhattisgarh

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2026:CGHC:11604

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 9649 of 2025

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Hemmani Yadu S/o Awadh Ram Yadu Aged About 41 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Paylikhand, Block Mainpur, District - Gariyaband, Chhattisgarh.

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... Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

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2 - Director, Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

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3 - Collector, District Gariyaband, Chhattisgarh.

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4 - District Education Officer, Gariyaband, District Gariyaband, Chhattisgarh.

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5 - Block Education Officer, Mainpur, District Gariyaband, Chhattisgarh.

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... Respondent(s)

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For Petitioners : Mr. Rupendra Kumar Dewangan, Advocate For Respondent-State : Mr. Love Sharma, P.L.

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Hon'ble Shri Parth Prateem Sahu, Judge

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ORDER ON BOARD

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11.03.2026

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1. Counsel for the petitioner submits that default as pointed out by the Registry has been removed. He contended that the matter pertains to transfer of petitioner under rationalization policy, and therefore, this be heard.

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2. In view of the submission made by counsel for the petitioner and considering that default has been removed, this writ petition is heard.

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3. Petiitoner has filed this petition seeking following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal.

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10.2 That, this Hon'ble Court may kindly be pleased to declare the Merger and Rationalization Policy/ Guideline dated 02/08/2024 (Annexure-P/1) as illegal and void ab initio and further be pleased to set aside the impugned posting transfer order (Annexure-P/2) of the petitioner.

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10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.”

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4. Learned counsel for petitioner submits that petitioner while working on the post of Teacher (Hindi) and posted at Government Middle School, Banlohajhar, Block Chura, has been transferred to Government Middle School, Payalikhand, Block Mainpur, under rationalization policy treating him to be surplus in the earlier place of posting.

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5. Counsel for the State submits that the petitioner is having the efficacious remedy available under the rationalization policy to submit a representation before the Divisional Level Committee, however, no such representation has been submitted.

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6. At this stage, counsel for the petitioner submits that he may be permitted to withdraw this writ petition, with liberty to submit representation, before Divisional Leval Committee, as constituted under the Rationalization Policy.

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7. On due consideration of submission of counsel for the parties, the writ petition is disposed of permitting petitioner to submit representation before Divisional Level Committee and if such a representation is submitted, the concerned Committee shall consider and take decision on the representation to be submitted, in accordance with law, expeditiously, preferably within a further period of three months from the date of receipt of the representation.

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Sd/-

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(Parth Prateem Sahu) JUDGE

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Saurabh

Hemmani Yadu v. State of Chhattisgarh

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Hemmani Yadu v. State of Chhattisgarh

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