^ IW^. Single Bench IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No.4^^P /2009 PETITIONER \^..^^•^ ..-^ n ^>^y^^' ^<^y ^•"yy ^ ^€^\. '^•••" Vipul Sarkar, S/o Shri P.K. Sarkar, aged 46 years, Occupation:- Service, Presently posted as Upper Division Teacher at Middle School, Binjali, District- Narayanpur (C.G.) R/o Near New Bus Stand, Narayanpur, District:- Narayanpur (C.G.) - Versus - RESPQNDENTS IAY. 1. State of Chhattisgarh, Through the Secretary, Department of Scheduled Castes & Scheduled Tribes Development, Mantralaya, D.K.S. Bhawan, Raipur, Chhattisgarh. ^" 2. Commissioner, Scheduled Cates and Scheduled Tribes Development Department, State of Chhattisgarh, Raipur (C.G.) ^" 3. Collector, Tribal Development Branch, District:- Narayanpur (C.G.) <'-' 4. D.B.L. Rathore, S/o Not known to the petitioner, age not know to the petitioner, Occupation:- Service, Presently Posted as Upper Division Teacher, Higher Secondary School, Sarangbudiya, District:- Korba (C.G.) WRIT PBTITION UNDER ARTICLB 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WMT/WRITS, DIRECTIONS ETC. IN THE ^^i^^^ .^'"'lLA'^^ J ^SSk li^ XI-HC—78 3?n^i'^if^w '<T^T 3?i^?^^W + "S^ ^i^Kri^, ^Til<i^<o, [^<ni^^< ^.^^......U:..S...Cf..')...^.^, 'STmW<PTW"""<";"""""""""""""""""""/TS^200 ^IT^? 'cra1^ (ic(l^^) ^TIW ^f^a ^IT^T ^BTHON'BLB SHRJ JUSTICE PKT 31.07.2009 Shri Rajeev Shrivastava^ coujnisel for the petitioner. Shri Anzind Dubey, P.L. for t Challenge in the preseigit petition is to the order dated30,6.2009 passed by respon<|ent No.l by which the petitioner who is working as Upper Division Middle School Binjaily District rfarayanpur to Higher Secondary School, Saragbundiya^ District Kor^a. Contention of counsel for th^ petitioner is that the seniority of Upper Division Teachers is being m^intained district wise whereas the petitioner has been transferred frojm one district to another district. He further submits that in his pre^ent place of posting the petitioner has joined on 7.10.2008 and withi^i eight months he has been again shifted. Contention of counsel for tljie State is that let the petitioner make a representation to the respo^ident No. 1 and the same would be decided in accordance with law. Counsel for the petitioner ^.grees to make a representation. However he submits that till hi^ representation is decidedy the petitioner may be given some protec(tive order. Accordingly^ the petition is 4i8posed of with a direction to the petitioner to make a representatio4 the date of receipt of the copy o| decided by the authorities concem^d within a period of three weeks from the date of its receipt. Till the^i the impugned order shall not be given effect to and the petitioner duties in his present place of postinfe. ^S^td^i^ ^TOTf ^ fe^t TN^R ^T37f^H37r^ INl^RDIWAKBR le State. 'eacher has been transferred from within a period of ten days from this order, the same would be jwould be allowed to perform his Sd/- Pritinker Diwaker Judge ^