BENC ^^f 1c^/>~ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (S| N0. &6 2<\ /2009 PETITIONER . Ravi Shanker Mishra S/o Shri Sushil Chandra Mishra, Aged about 52 years, Posted as Lecturer, Higher Secondary School, Shivatarai, Block Kota District Bilaspur, C.G. VERSUS RESPONDENTS y^ ?•" x^y U.:--''A?5 .-•••' ^•" ^ ^-'1. The State of Chhattisgarh through the Secretary Education Department, DKS Bhawan Raipur C.G. ,2. The Secretary, Tribal Welfare Department, DKS Bhawan Raipur C.G. ^3. Commissioner, Scheduled Caste and Scheduled Tribe Development Department Raipur C.G. /4. District Education officer, Bilaspur ^5. Collector (Tribal Development) Bilaspur District Bilaspur C.G. WRIT PETTTIQN UNDER ARTICLE 226 OF THE CONSTITUTION OF 1NDIA FOR ISSUE OF AN APPROPRIATE WRIT IN THE NATURE OF XI-HC—78 «11NCT( »>*<iq? ^ST'<ii<iKt-4, anly'Ko, fs(diy^< ^.i£S:}.^..\..t:.L2:s1..tv^. Wi, 200 3ii^?[Tra^ (Tpt3^i) sn^t Tt R;-fi+ W -3^?T Sti*1 -^ WIIW ^ftff 311^1 SB : Hon'ble Shri Manintira IVIohan SH Shri Rakesh Pandey, counsel for Shri Vinod Tekam, Panel Lawy advance copy. Heard. the petitioner. ^r for the State/respondents on vjfcte It is submitted that the petitiijsner Assistant Teacher in Tribal Developrfient petitioner was sent on deputation to S| while working on deputation, (Annexure P-3), services of the petitjione Education Department from the date of| however, an order of promotion w^ Commissioner, Tribal Development, Ra| respondent-Co!!ector vide impugned P-1) has issued posting order of the p( itseif. Submission of tearned counsel fo 1 been absorbed in the School Educationi jurisdictlon and authority to issye im] (Annexurs P-1). !t is also subiTiitted a the Commissioner, Triba! Devetopnl anomalous situation arising out on ac^ passed by the Collector, but the same h| q»!<(F<1<l1l ^l+l^'^f ^'<1 <Fn<-$K ^sffimsii^n rivastava, J. was initiaily appointed as Department. Later on, the ;hool Education Department and order ctated 02-09-2009 were absorbeQ' in School |his deputation. On the same day, issued by the office of the pur (CG). Pursuant to which, the dated 27-10-2009 (Annexure ititioner in the Tribal Deoart.ment ortler the petitioner is that once he has IDepartment, the CoNector had no [^ugned order dated 27-10-2009 [epresentation has been made to |ent, Raipur, C.G. highlighting iount r\f irder dated 27-10-2009 as not yet been declded. S^V VI ft-fi* wian^rgiiiN; y 's^ ^WM^.-S^WI^, •f?i^rogT ..*±';.f;.^..w.:..6.c>l^/-2e^?- am&^T11R^ (•'jqiyi^s;) On the other hand, submi respondents is that once the service^ the School Education DepartmenS vid| P-3), the parent department.Triba! Ds ..xsrder of promotion dated 02-09-200^ that order of posting dated 27-10-1 promotion dated 02-09-2009 (Anne^ order dated 02-09-2009 cannot be gi'j In view of the stand, which i< their return, respondent-Commission take appropriate decision on the reflr period of one month from the date c|f pass necessary orders in this regardj the petitioner's representation, inter|m order dated 12-11-2009 shall continut With the aforesaid observatiorl qTOfepN iwreif <fft^ ^fti^R ^SffiiHSIi^I tsion of learned counsel for She ^ of the petitioner were absorbed in order dated 02-09-2009 (Annexure Ipartment had no right to issue either or the order of posting. It is stated ?009 (Annexure P-1) and orcler of [we P-2) in view of the absorption |'en effect to now. taken by the respondents/State In ST, Tribat Development, Ralpur shal resentation of the petitioner within a receipt of a copy' of this order and Till passing of appropriate order on relief granted by this Court vlde the petltion is finaily disposed of. Sd/- Manindra Mohan Shrivastava Judge