@gwnu m M’ (mg/4 @ (9 IN THE HIGH COURT OF CHHATTIsGARH AT BILASPUR w. P. (S) No. 3C9 LL OF 2011. l T.‘ R. Patel, S/o. late Shri N. L. Patel, aged about 61 years, Lecturer, Govt. s‘tw' / Higher Secondaryyrba, District Raigarh (C. G.) PETITIONER <6“ V E R S U S ‘ RESPONDENTS , :1. State of Chhattisgarh, / Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) 2. Assistant Commissioner, Tribal Welfare Department, Raigarh, District Raigarh (C.G.) /3- VMJeegmJ. k. k. aaand. Principal, Govt. Higher Secondary School Urba, Block Tamnar, District Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ‘ The petitioner named above begs to submit as under:— gA (Writ Petition under Article 226 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present :- Shri Somkan Verma, dvocate for the petitioner. Shri Y.S.Thakur, Dy. Advocate General for the State. (Passed on this 24 day of January, 201 1) The petitioner, by this petition, seeks a direction to the respondents to permit the petitioner o join overnment Higher Secondary t G ‘School, Urba, Ditrict Raigarh, pursuant to the order dated s 14.1 0.201 0 (nnexure P~3). A 2. Learned counsel appearing for the petitioner submits that b order y dated 15.7.2010, the petitioner was ransfrred from Government te Higher Secondar School, Urba, District Raigarh to Girls Higher y Secondary School, Lohandiguda, District Bastar. On representation, pursuant to liberty granted by this Court in W.P.(S) No. 5051 12010 (T.R.Patel v. State of Chhatlisgarh & Others), the Secretary, Government of Chhattisgarh, Scheduled Caste, Scheduled Tribes Welfare, Department, canceled the earlier order dated 15.7.2010 and as such, the petitioner became entitled to go back to the original place of posting at Higher t Secondary School, Urba, District Raigarh. The order in representation of the petitioner was passed on 14.10.201 O, but till date, despite several representations and requests made by the HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) NO. 397 OF 2011 t A ORDER (ORAL) ‘“ PETITIONER T.R. Patel Versus RESPONDENTS State of Chhattisgarh & Others K 2 _. g5 petitioner, he has not been permitted to join the above, stated place of posting. Accordingly, once an executive order has been passed, the sub-ordinate Officers have no jurisdiction to deny the joining of the petitioner at Urba. The Supreme Court in Sreedam Chandra Ghosh v. State ofAssam & Others’ has held that a direction for enforcement of executive orders may be issued by the Court. Accordingly, the Assistant Commissioner, Tribal Welfare Department, Raigarh, is directed to ensure that the petitioner joins the place of posting at Urba District Ralgarh as directed by the order dated 14 10 2010 (Annexure P—3) forthvwth Within a penod of one week from the date of receipt of copy of this order. 4. I in view of the above, the is No order asto costs. Sd/- V g Satish K. Agnihotri Judge W 1 (1 996) 1o