c f^rfa^ / ^ '.-, i IN THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G.) W.P. N0. SS;° /2006 PETITIONER : / ,«' ..^€y l\3',/M'.<'j9'" ^;-^ ^ cy\jy-' ^-y^ 2^'.^ ..-• l'^'/' ^' RESPONDENTS: 1 <-' ^@1';- *^'^^y^y ~-2^^:^'^y' 42 years, S/o. Arjun Das, Presently Balak Khurd, U.K. Das, aged about Late Shri Assistant Teacher, posted at Aadiwasi Aashram Barekel Pithora, District Mahasamund (C.G.) VERSUS The State of Chhattisgarh Through : Secretary Aadim Jati Anusuchit Jati Vikas Vibhag, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) Additional Secretary Aadim Jati Anusuchit Jati Vikas Vibhag, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) Commissioner Aadim Jati Anusuchit Jati Vikas Vibhag, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) The Collector Mahasamund, Distt. Mahasamund (C.G.), District Coordinator Tribal Welfare Department Mahasamund, District Mahasamund. (C.G.) .-6. 3ai Karan Singh Assistant Teacher Primary School Jagatpur, Vikas Khand Ramanuj-nagar, District Sarguja (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA XI-HC-78 3f1^TqiTfelT?i cR[T3IR?Ishtl|sti ^1*IWI Sft*1|tt> 3^-<i w ici<<, aiTnu'is, R|<~)wy .^.f:^:3q!ol<s^.6, ^ 200 3[1^?T 4a»h(l,clt^Gt<^T) ^RiTWBferan^T 4.8.2006:- fdr Shri R.Pradhan,counsel Shri Sumesh Bajaj, 6o|/er-nment respondents No.l to 5, on advanc^ Heard both the counsel. By the instant petition, th^ Teacher crt- Aadiwasi Balak Aalshram Mahasamund, has challenged hi^ whereby he has been transferrefi Jagatpur, Vikas Khand Ramanujnojgar, The main grievance raised that being an Assistant Teacher the Policy fromed by the Goverrlfne.nt, not transferred at the State circumstances, after obtaining can be effected. Learned counsel.for the p^titioner the petitioner is in violation of that being a district cadre post, effected. Presently, in the senjiority No.18 and 14 persons have and the petitioner's promotion transfer order is allowed to bel Le\tel alreopy 'tll'iltff'ifl-f 11'4<ll ?tecA<(:']'K.K ^3rf^IT3TI^T the petitioner. Advocote for the State/ copy. petitioner, who is working as Assistont Barkel Khurd, Pithora, District transfer order dated 7t July 2006 from Pithora t>istrict Mahasamund to ', bistrict Surguja. by the petitioner in this writ petition is |his post is of &istrict Gadre and as per •, the district cadre employees are I, but in case of morriage or in apecial lliOC from both districts, the transfer the submttted that the transfer of State Policy. l-1e further submitted peniority of the petitioner shall also be iist, the petitioner stonds at S. been promoted to the post of U&T is due, therefore, if the impugned impiemented, then it will affect the P.T.O. XI-HC-78 35T •<<l^livl'i<, yrflwis, (sldiuy <-TT(IdTSh^l^> W[ 200 3TT^?T W<h ('i^t^^T) sn^Tqn'f^rN; trarsn^ignra; "-J i^' ,-qr Barve ?<<TreKHf?tT3n^T -^ seniority of the petitioner also. I| wifer'ft^ »TOR?ffftec& rf^Rsrc ^sri^tiTsn^T n the circumstances, learned counsel for the petitioner submitl-ed that 1|he petitioner may be ailowed to make a representotion to the respondenjt- No.2 and he be directed to decide the same, to which learned counsel fw respondents has no objection. Having heard learned counse facts and circumstances of the ca; for the parties, having regard to the e ond without expressing any opinion on the merit of the case, the pra^er made by tearned counsel for the pefitioner is just, fair and reasojiable. Therefore, the petitioner is allowed to mdke a detailed repre^entation along with a copy of this petition to respondent No.2 within \i period of 10 days from todoy and in turn, respondent No.2 is directe]d to decide representotion of the petitioner within a period of 30]days from the date of receipt of representation, after considering 0?! the points raised by the petitioner, in accordance with law. In the meantime, the effectl csnd operation of the impugned order in respect of The petitioner shall ifemain stayed, till the representation of the petitioner is decided. With the direction aforesaid Consequently, M.(W.)P. No.2c stand disposed of. Part-ies are entitled for cert- , the petition stands disposed of. '71/2006 and I.A. No.7249/2006 also fied copy of this order. Sd/- L.C-Bhadoo Judge P.T.O. fc^':