IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR w. P. NoSELQ> [ zoos pETITIONERs / Madanlal Assistant Teacher, Govt. Girls Primary School, Narratola R/o Narratola- Rajhara, District—Durg (CG). / 1) State of Chhattisgarh Through the Secretaly, School Education Department, DKS Bhawan, Raipur (CG) The Collector, (Adivasi Vikas Sakha) /Assistant Commissioner, Tribal Welfare,Durg District-Durg (CG). The Block Education Officer, Tribal Welfare Department, Doundi, Distt.Durg (CG). WRIT PETITION UNDER ARTICLE 2g6‘ E27 OF THE K CONSTITUTION OF INDIA mmqi$ wfS-ZfLy/.Q%:i2oe 311wW (W) mmmm mmmanést WW#WW Hananwawiai $Wma 28/ 10/2005 Shri P. Diwakar, S€ni r Advocate, with Shri KS. Pawar, leaijléd counssl for the patitioner. Shri Akhil Agrawal, Panel Lawyer for 11m State. ' Heard. The petitioner, who i$ pmsantly working as an ASsistant Teacher in Govt. Girls’ Prim‘irv SchooL Narratola was trallsfon‘od vide ordor datod 31/7/2004 (Annoxure P- 1) to Govt. Primary $011001, Barbattipara. ThiS order of transfer was chalkugm} 13y tho petifionor in WP No.2781/2004. This potition calm: up for hoaling before this Court on 15/9/ 2004 and this Court after hearing the partieS disposai ‘ of the petition wifh the following tems?’ a d ”Having considered without expressing any opim‘on on the men'ts of the case, in the o inion of €his Court; ends ofjusfiice wiF? be Served if a direction is giien to the petitioner 10 make a, deiar‘led represeniat‘z'on raising his grievances before the compeiem authori‘iy of the respondents cdongwiih copy of the peiition and this order) wiihin 10 days, and on such 1 presem'at1'on_ being jifed) the competeni authorify of the respondent shal? decide the same on its own merits in accordance with law as ea 3y as possibie preferably wiihin six weeks from the date of receipt of the repreSentation. It is made dear that if any grievance stiil remai 3, the petitioner may avail the remedy avatlabfe under the {awe ” It appears that after e aforesaid oraer, the petitioner did not make. a representation to e competent authority till 27/ 10/2004 SP/FS/2005 - 20,000 XI~HC-78 P.EYJ .. mzoo masin'ai anést tam minim) mstzmiéafm v aréwm aiwmw mmW snéet and then 011 27/ 10/2004, some reprssentatio'n was flied vide Ann€xur€ 13-4. Thereafter, OV leafion Officer, the Principal of the d concerned Schooi’ took The mng of the petitiener in hie on'ginal majnelv Govt, 1 an application being made by the petitioner to the Block E Insiiiution is Primam School, 'Narratola on 25] 11/2004, which waS on d‘ ection of the Block Education Officer. O11 this point, in fact, the grievance of the petitioner was over. However, later on, on 1/8/2 05, the impugned order was issued by the Block Education Officer it- Was directed that the petitioner was wrongly given charge in h s original institution and he must g0 to his transferred place because no order of stay was granted in favour of the petitioner by the High C urt. Learned counsel for the petitioner submits that though the petitioner could not file a rep esentation Within 10 clays as per order dated 15/9/ 2004 but. later 0 a representation was filed before the competent authority and they ssured that the transfer order shall he cancelled in case of joining 0 the petitioner to the transferred place. I have heard the learnel counsel for the parties at length and also considered the records of the Writ Petition. There was an expressed order by this Co giat a representation shall be filed Within 10 days and then only e concerned authority were obliged to consider the representation. nce the representation was not filed i time and the petitioner took a vantage of this fact that he got joining in his original institution a 1d remained there for a long time, thereafter only, this subseqt ent impugned order dated 1/8,! 2005 m j i h d 1 , a n 1 .. i n Xl-HC-78 mamiai w..’.?f:?.?~..?. 3’. U. .. mzoo ané‘wm (WW) wasp-[m ' Han anéstimim mmW maT mmawm $Wam21 (Anusxufa 13-8) was pasged b3 inclined ”£0 interfera with the unju$fifled . 8 dismiséaed, ThEra is no marit 1 At this stage, lcarned cot now $01116 othEr pm‘sonu he Barbattipara, therefore, it would not be poSsible for the petitioner dated 1/8/2005. In this regard, the tion before the conceined authority so :nay come in the khowledge of the may take the appropriate decision in axecum th€ sub36qu€nt oi~der petitionsr may file a represanta That the prevaient eituation aforeeaid authority and they 1 accordance with 1aw. QC. as per rules, ‘ the authority of the State, I am not ction taken by the State ag if is not n this writ petition and the same ia 11se1 for the petitioner submits that by LS. been posted at Primary School, to Sd/— Sum'l Kumar Sinha Judge '