Smt. Sita Patel v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3381 of 2015 • Smt. Sita Patel W/o Shri Gouri Shankar Patel, Aged About 40 Years Working As Teacher (Panchayat), Govt. Middle School, Banigirola, Block Saraipali, District Mahasamund, (Chhattisgarh)
Versus
2. The Collector, Mahasamund, District Mahasamund, (Chhattisgarh)
3. The Chief Executive OfÏcer, Zila Panchayat, District Mahasamund,
4. The District Education OfÏcer, District Mahasamund, (Chhattisgarh)
5. The Block Education OfÏcer, Saraipali, District Mahasamund, (Panchayat), Govt. Middle School, Bonda, Block Saraipali, District Mahasamund, (Chhattisgarh) ---- Respondent WPS No. 3382 Of 2015 • Smt. Sulochana Patel W/o Rajaram Patel, Aged About 33 Years Working As Teacher ( Panchayat) Govt. Middle School, Semaliya, Block Saraipali, District Mahasamund Chhattisgarh Welfare Department, Mahanadi Bhawan, Mantralaya, New Raipur
2. The Collector, Mahasamund, District Mahasamund Chhattisgarh
3. The Chief Executive OfÏcer, Zila Panchayat, District Mahasamund
5. The Block Education Ofifcer, Saraipali, District Mahasamund
6. Ramesh Lal Patel, S/o Ganga Prasad Patel, Posted As Teacher ( Panchayat), Govt. Middle School, Bonda, Block Saraipali, District Mahasamund Chhattisgarh Respondents WPS No. 3383 Of 2015 • Ku. Anita Shukla D/o Late Nileshwar Shukla, Aged About 39 Years Working As Teacher (Panchayat), Govt. Middle School Chhindpali, Block Saraipali, District Mahasamund, (Chhattisgarh)
2. The Collector, Mahasamund, District Mahasamund, (Chhattisgarh)
3. The Chief Executive OfÏcer, Zila Panchayat, District Mahasamund
5. The Block Education Ofifcer, Saraipali, District Mahasamund ( Panchayat), Govt. Middle School, Bonda, Block Saraipali, District Mahasamund Chhattisgarh Respondents WPS No. 3385 Of 2015 • Smt. Kamakshi W/o Shri Sujeet Kumar, Aged About 33 Years Working As Teacher ( Panchayat), Govt. Middle School Pretendih, Block Saraipali, District Mahasamund (Chhattisgarh) Welfare Department, Mahanadi Bhawan, Mantralaya, New Raipur
2. The Collector, Mahasamund, District Mahasamund (Chhattisgarh)
3. The Chief Executive OfÏcer, Zila Panchayat, District- Mahasamund
4. The District Education OfÏcer, District- Mahasamund (Chhattisgarh)
5. The Block Education OfÏcer, Saraipali, District Mahasamund
6. Ramesh Lal Patel S/o Ganga Prasad Patel, Posted As Teacher ( Panchayat), Govt. Middle School Bonda, Block Saraipali, District Mahasamund (Chhattisgarh) ---- Respondents And WPS No. 3386 Of 2015 • Smt. Padmini Kumar W/o Shri Sitaram Thakur, Aged About 35 Years Working As Teacher (Panchayat), Government Middle School, Bonda, Block Saraipali, District Mahasamund, (Chhattisgarh)
2. The Collector, Mahasamund, District Mahasamund Chhattisgarh
3. The Chief Executive OfÏcer, Zila Panchayat, District Mahasamund
5. The Block Education Ofifcer, Saraipali, District Mahasamund ( Panchayat), Govt. Middle School, Bonda, Block Saraipali, District Mahasamund Chhattisgarh -- Respondents For Petitioners Mr. V.R. Tiwari, Counsel for the petitioners. For Respondent/State Mr. Sangharsh Pandey, Dy. G.A. and Mr. Majid Ali, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/09/2015
Heard finally with the consent of learned counsel for the parties. (2) In the present batch of writ petitions, the petitioners are challenging the rationalization postings under the orders issued by the District Education OfÏcer, Mahasamund and Chief Executive OfÏcer, Zila Panchayat, Mahasamund. By the said orders, the petitioners have been posted in the following manner :
Sl. No.
Name of the petitioners Present Place of Posting Transferred place of posting 1.
Smt. Sita Patel Banigirola Balsi 2.
Smt. Sulochana Patel Semliyan Kasdol 3.
Smt. Anita Shukla Chindpali Kodoguda 4.
Smt. Kamakshi Pretendih Kasdol 5.
Smt. Padmini Bonda Patsendri (3) Learned counsel for the petitioners would submit that while preparing the list of surplus teachers, the respondent authorities have not followed the guidelines issued by the State Government on 27.05.2014, 02.07.2014 and some other clarificatory orders, even though the impugned orders refer to the said guidelines. He would also submit that several teachers like Chandrakanta Nagwanshi, Reshamlal Patel, Upendra Kumar Bhoi, Arun Kumar Seth, Namrata Choudhary, Vimla Sehsh, Uttara Kumar Diwan, Narendra Singh and Tularam Sidar, have been declared surplus but they have been adjusted in the same school, which is in complete violation of the rationalization policy. He would further submit that in the counselling, the petitioners were not made aware about all the vacant seats where they can be transferred,
therefore, the counselling was a farce and it was so conducted only to facilitate posting of chosen one at the desired place. He would also submit that the rationalization having been made in the year 2015, the list of surplus teachers should have been updated, however, the list of 2014 has been suppressed and the vacancy already available in different schools were not brought to the notice.
(4) Learned counsel for the State would submit that in the matter of Gajendra Hariharno and Others v. State of Chhattistarh and Others1 , this Court has upheld the policy of rationalization, and the exercise taken by the authorities being pure administrative in nature, no interference is called for.
(5) Considering the nature of grounds raised by the petitioners, this Court deems it appropriate that the matter be examined by the Collector, Mahasamund. Let the petitioners submit representations before the Collector, Mahasamund within 15 days. On such representations being filed, the concerned Collector shall consider and decide the same at the earliest preferably within a period of one month from the date of submission of representations. For a period of 06 weeks from today, the effect and operation of the impugned orders with respect to each of the petitioners shall remain stayed. (6) With the aforesaid observations/directions, these writ petitions stand finally disposed of. Sd/- Judge (Prashant Kumar Mishra) Shyna WPS 3200 of 2014 (decided on 22-7-2014)