HIGH COURT OF CHHATTISGARH: BILASPUR Single Bench: Hon’ble shri satish K. Agnihotri, J. Writ Petition‘(8) No. 3906 of 2008 Petitioner Kamal Kishor Nag, S/o Shri Mukund Ram Nag, aged about 49 years, employed as Upper Division Teacher, posted at present under deputation as Blockt Source Coordinator, Block Source Katyaiaya, Bloc ~ Orcha, Distt — Bastar (CG) Versus Respondents 1. State of Chhattisgarh, Through : the Secretary, School Education Deptt, Manualaya, D.K.S. Bhawan, G. E. Road, Raipur (C.G.) 2. Jila Pan'yojana Sanchalak, Rajiv Gandhi Shiksha Mission, Jagdalpur, Distt. Bastar (C.G.) 3. Shn‘ Radhe Lal Nag, S/o Shn' Rattiram Nag, Aged about 44 years, Assistant Teacher, posted under deputation as Block Source Coordinator, Bloc Source Kaiyalaya, Block — Orcha, Dist. Bastar (CG) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA Shri B. P. Rao, Advocate for the petitioner. Shri Shashank Thakur, Panel Lawyer for the respondent No. 1. Shri A. S. Kachwaha, Advocate for the respondent No.2. Ms Pushpa Dwivedi, Advocate for the respondent No.3. ORDER (Passed on this 8th day of May, 2009) . By this petition, filed under Article 226/ 227 of the onstitution of India the petitioner impugns the validity of the order dated 6.5.2008 (Annexure P] 5), passed by the District Project Director, Rajeev Gandhi Shiksha Mission, Jagdalpur, District — Baster, whereby the order of deputation of the petitioner was cancelled and the respondent No. 3 was allowed to continue on deputation till 30.6.2009. . The brief facts, in nutshell, are that the petitioner (Kamal Kishor Nag) was working as Upper Division Teacher in Govt. Middle C School, Benoor. Vide order datsd 48.2007 (Annexure P/ 1) the petiu'oner was sent on doputation to Rajeev Gandhi Primaly Shiksha Mission and posted as Block Source Coordinator, Block - Orcha. ‘ Prior to the date of deputation of the petitioner, on 12.7.2006 (Annexure P/ 2), the respondent No.3 (Shri Radhelal Nag), who was working as Assistant Teacher in Kanya Ashram, Doonga, was sent on deputation to Rajeev Gandhi Pn‘mmy Shiksha Mission and posted as Block Source Coordinator, Block — Orcha. The services of the respondent No.3 was withdrawn from deputation on 1.6.2007 (Annexure P/3) and he was repatriated to his parent department. Being aggrieved, the respondent No.3 filed Writ Petition (S) No. 3997/2007, which was alloWed by order dated 27.3.2008 (Annexure Pl4), passed by this Court, wherein it was directed to allow the respondent No.3 (petitioner therein) to remain on deputation for a minimum period of two years from the initial date of deputation. . In compliance of the order dated 27.3.2008, passed by this Court in Writ Petition (S) No. 399712007, the District Project Director, Rajeev Gandhi Shiksha Mission, Jagdalpur, District - Baster, by the impugned order dated 6.5.2008 (Annexure P/5) cancelled the order of deputation of the petitioner (herein this petition) and directed the respondent No. 3 to continue on deputation till 30.6.2009. Being aggrieved, the petitioner has hled this petition. . It is informed that the term of deputation of the respondent No.3 would be completed on 30.6.2009. . Shri B. P. Rao, learned counsel for the petitioner submits that sincethe petitioner was sent on deputation by the order dated 4.8.2007 (Annexure P/ 1) at the place, where the respondent No.3 has been allowed to remain on deputation till 30.6.2009, after completion of the term of deputation of the respondent No.3, the respondents may be directed to allow the petitioner to remain on deputation for a minimum period of two years. . Shri Shashank Thakur and Shri A. S. Kachwaha, learned counsel appearing for the respondent Nos. 1 and 2 submits that the case of the petitioner shall be considered in accordance with law, as laid down by this Court in Radhe Lal Nag (supra) on completion of deputation period of the respondent No.3. Ms Pushpa Dwivedi, learned counsel appearing for the respondent No.3 submits that she has no objection to the above submission made by learned counsel appearing for the respondent Nos. 1 852. 9. In View of the foregoing, having regard to the facts situah'on of the case, when the petitioner was appointed in place of the respondent No.3 and his repatriation from deputation has been quashed by order dated 27.3.2008 passed in W.P.(S) No. 3997/2007, it is expedient and desirable that the case of the petitioner may be considered for deputation after completion of the term of the respondent No.3 i.e. till 30.6.2009. 10. Accordingly, the respondent Nos. 1 and 2 are directed to consider the case of the petitioner for deputation in Rajeev Gandhi Primary Shiksha Mission, as Block Source Coordinator, Block — O‘rcha for a minimum period of two years after 30.6.2009, pursuant to the order dated 4.8.2007 (Annexure P/ 1). 11. With the above direction this petition stands disposed of. No order asto costs. ha ‘ in, :e ‘ r w sw- 7 Satish K. Agnihotri Judge ' {\é .x e