,r-i ^ ^ BEFORE HONOURABLE HIGH COURT OF JUDICATURE AT BILASPUR CHEiATTISGARH Writ Petition No» i^ 77 of 2001 PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA PETITIONER ^ 01 .^ .•••<• ^ p.- ^01 ^^> '^- ^^ ..-v^'^;; ^ A 'O'^ •^y- RESPONDENTS MAHENDRA KUMAR MEHRA, son Of Shri Babulal Mehra^ age about 40 years presently posted as Block Development Bducation Officer^ Tribal Welfare Department at NAGRI» Distt.s Dhamtari (Chhattis- garh)^ resident of Junglepara Nagri* V E R SUS l./ "5TATE OF CHliAm93ARH» . Through the Secretary^ Department of Schedule Caste, Schedule Tribe, Backward Class and Minority Welfare^ Mantralaya RAIPUR C.G. 2. COLLECTOR, Dhamtari District. Tribal Welfare Department, Dhamtari C.G.). 3» DISTRICT ORGANISER (C) EDUCATION Tribal Welfar^Department^ Dhamtari, District Dhamtari C^G^ PSTITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF AN APPROPRIATE WRIT,DIRECTION AND/OR ORDER. j^sai^-p!••-<•——-— =F XI-HC-22 3T[^[^T r^-ii<=h ^n^i 5h44i<^ <^[^a ? 3%&- ^^r ^I^M^ ^Tii^^{<f, f®«ni^^< an^r .W.*.P..?N0.'..15.77/2001 "^ 200 A WH^T^W^ •^^T' ^TT^F'^Tr^R ?rfi?r 30^10/2001 8hri D.Kesharwanl^ Heardo c^i<Ml<n^l4 "RTR^ff ^ fel^t ^^$K ^''STf^FT 3Tf^T Shri G.R< Sahu, le^rned counsel for the petitioner• learned PL for respondent/State» O R E R The matter concerr4 the transfer of the writ petj»- tioner^ This petiti.on was i^ioved on 30/8/2001^ It was stated at the Bar on that day that no one had joined in place of tte wrlt petitioner<» Hence^ th|.s Court ordered as follows: "If that be s^ status quo be maintained» That means th^ petitioner shall be allowed to contlnue t|Lll the next date of hearing"^ On 12/9/2001, noti E;es were issued^ Interim order passed earlier was ordered ^o continue, On that day a prayer was made that the petitione^ should be paid his salary and allowances^ The mafcter was left open to the Competent Authority to decide. It wa^» however^ expressed by this Court if the petitloner hadi rendered services he ought to be paid his normal pay and al!J3wances» On 25/9/2001 return was j . ^ filed on betei If of the respJDndent. A document dated 24/7/2001 vide AnneBture /R-l was file|a with the return. The said document is the order of repLease issued in respect pf the .2.. ['ft^'tRg"^ p^-pr w W^?T'q^^ ('^t^^y) 3:II^T'^T 'i^lNT^tt^ W?¥rT^T^T^ft^ '^Tqf^f4N °??TR^Jf ^' 1^^t TN^'R '^3Tr^Tq^H^[ writ petitioner. Annexur^ R/2 is another document dated 24/7/2001 by which one Si-|ri S,N, Dfaruv had joined as Principal in place of thewrlt petijtioner^ The writ petitloner V 3.3 also holding daal charge |of Block Education Officer. Annexure R/3 is the document date^ 3/8/2001 by which one Shri Renlal Dev had joined in place cjf tte writ petitloner as Block Education Offlcer» It id contended that the interim order oated 30/8/2001 was pass^d on the basis that the pet^xoner was still continuihg on ^hat day as Principal as well as Block Education Officer vfhereas factually before t^ xnterim order was passed the oth^^ t^o persons named above ^a-^^___- alreac^- joined as Principal and Block Education Officer res- pectively in place of the writ petitioner as recordpd above« There is no rebuttal as £ar as the averment made in tiie 1 return filed on behaif of tbe respondents as reg ;ds the documeats Annexures R/l, R/2 & R/3. i In the result, i hold that the petition has becane infructuous inasmuch as fche interim order passed by this Court could taot have been operative as two other persons had joined prior to pass|.ng of the interim orders on 30/8/2001 1 and also on 12/9/2001. j Accordingly^ thjis petition is dismissed^ No costs• Sd/- ^ ChiefJustice .:iR^RJ—.FS/311.-.-.1/200 i —5.0.000, rsnr*' -<*, ^r<''<YJ