5 0' F {CD/p i? IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR 1CHHATTISGARHI WRIT PETITION No. 3 ’73 /2003 / PETITIONER Bhanwar Lal Sahu, aged about 45 years, son of Late Ramlal Sahu, Sahayak Gram Panchayat / Adhikari, Vin. and Post Khadma, Block — Chhura, District Raipur (Chhattisgarh). VERSUS WRIT PETITION UNDER ARTICLES 226 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN THE NATURE OF MANDAMUS CERTIORARI ORDER ORDERS DIRECTION DIRECTIONS PROHIBITION ETC. i RESPONDENTS 1. The State of Chhattisgarh, through The "xi” Secretaly, Department of {593% a9?g2&g.k" ~.Q.;;..o-". Panchayat Rural Development, Dau Kalyan Singh Bhawan, “as; 5w‘\j§;§$3~“ Mantralay, Raipur ‘ 5‘“ x0 Q. "' (Chhattisgarh). 2. The Joint Director, District Office, Panchayat and Social Welfare, Rajpur (Chhattisgarh) 3. The Collector, District District Raipur (Chhattisgarh). 4. The Chief Executive Officer, Janpad Panchayat, Chhura, District — XI-HC-22 21—11—2003 Shri P.P. Sahu, counsel for The Dr. N.K. Shukla, Addl. Adv rasponden‘ts 1 to 3. pe‘i'i‘rioner'. oca’re General fakes nofice for By This pe‘rh‘ion filed under Ar‘ricie 226/227 of The ConsfiTuTion . 1ged fhe order dafed 22-9-2003 ’anchaya‘i and Rural Developmenit ‘s I services has been Transferred Block Chhura, DisTricT Raipur To of India, The pe‘ri‘honer has challe‘ passed by fhe Depu'ry Secremry, I DeparTmenT, whereby The pefi‘rione from +he village Panchaya‘r Khadma‘ Disfricf Dan‘rewada. The pefifioner was appoinfec and, since +hen he is serving on +he s is governed by fhe Ponchaya'r am (Minis‘i‘erial a'nd Non-minisfer‘iaD f whereby ‘fhe senioriiy is maini'uined / as 6mm Sahayak on 15-6-1987 mid posT. The peTiTioner's service i Rum! DevelopmenT Clause HI iervice RecruiTmenT Rules 1992 disTricT wise, and Therefore, The peTiTioner‘s services is Transferable wiThin The disTricT only in order To mainTain disTricT wise seniori'l'y. ConTrary To ThaT respondenT No.1 had Transferred The peTiTioner‘ from DisTricT Raipur To disTricT DanTewada. The peTiTioner's children ar STudying in class IX and VI respecTively, Therefore, This order will affecT The educaTion'of The children adversely and The Tra sfer has noT been made in/ //’ XI-HC-22 adminis-fmfive exigency. If has been made under ‘l'he poiifical pressure, i'her'efor'e, fhe impugned order be quashed. I have hear-d fhe learned cour sel for The par'ries. Learned counsel for fhe pe‘l'H‘ioner submi'i's 'rhaf fhe seniori'ry of The pefi‘rioner’s service is main‘min d disfr'icT wise 'cmd, Therefore, he cannof be +mnsferred ou‘r of 1'he d sfric+ and fhe same will affec'r fhe I seniorify of fhe pefi‘rioner, fheref re, he may be ullowed To make a defdiled represenTaTion againsf e impugned order To which The Iearned Addi‘i’ional Advoce‘re Genera has no objection. Having heard fhe learned c unsel for The parties and having regard 1'0 The facTs and circumsTa ces of The case, The peTiTioner is allowed To make a detailed represe Ta'rion raising all his grievances To resp/ondenT No.1 wiThin a period 5 days from Today and in Turn respondenT No.1 will consider The r presenTaTion of The peTiTioner and afTer considering all his grievance shall pass reasoned order in an i objective manner wiThin a period 3C days from The daTe of receipT of The represenTuTion. If The peTiTioner has alread noT been relieved from The posT Then he may be allowed To conTinue ill The represenTaTion is decided. WriT peTiTion is disposed of accordingly. XI—HC-22 v Bow-q Consequenfly, M.(W.)P. No. 2 also smnd dispased of. Par-fies are enfifled for Germ :ied copy of fhis order. 895/2003 and I.A. No. 9343/2003 1 Sd/- § L.c.BHADoo Judge W W, ,Wv,‘m ,,