I l !N THE HIGH COURT OF CHHATTISGARH AT B1LASPUR WR.IT-PET1T10N N0.4$?5-OF 2004 ^" PET!T!ONER •^ c ,\-' A.'\..-'.U, Niyaz Mohammad Ansari, S/o. Shri ,.-• Safayat AIi Ansari, Aged aboul 42 .^.•*' ^ RESPONDENTS f/iC^"^A C..-' years, Occupation-Service, R/o. ,,.\ village Narayanpur, Tahsil Surajpur, District Surguja (C.G.) VERSUS 1. State of Chhattisgarh, Through Secretary SC Ministry of General Administraiion Department, D.K.S. Bhawan, Raipur (C.G.) 2. State of Chhattisgarh, Through Secretary sc Ministry of Tribal 8t S.T. Developmeni Department, D.K.S. Bhawan, Raipur,(C.G.) 3. Commissioner Tribal sc S.T. Development Department, Raipur (C.G.) 4. Assistant Commissioner Tribal 6C S.T. Development Department, Raipur (C.G.) 5. Block Education Officer, Ramanujnagar, Tahsil - Surajpur, District Surguja (C.G.) 3^ '^ww<f, ffTflu'ls, is|diy^< tllini fhwch„-..lAJ:?:..lj^~£.^~_ ^•••'•••••'•••"^••'•^•Wi;200 STlSwqiT f?:IR;3II^T sb'4 ufgd 3<l^lg'LdlWHf?(T SElltflll 12/04/2005: - On a mention being made, th|e case is taken up for hearing. Shri Ashok Kumar Shukla le Shri Sandeep Dubey, State/respondents. jmed counsef for the petitioner. feamed Govt. Advocate, for the The petitioner has preferred of the Constitution of India order dated 31/07/2004 whereb^ Assistant Teacher in Primary Scho^ to Primary School this writ petition under Article 226/227 questicfriing the legallty and propriety of the the petitioner who is working as Chandrikapur, has been transferred Nilkanthpur (Ranfchandrapur), District Surguja. The case of the petitioner is educational district to another 250 kilometers which is going to e( is being maintained district wise|. petitioner js that he has 75 years| sound health and therefore the p( place of posting and the transfer petitioner himself is suffering frorr) undergoing the medication. *l<lFd<fl-< ITPRTf ff tet^t' <R|WI< ^sri^iTsn^r Ithat he has been transferred from one edudational district at a distance of about fect his seniority and the seniority list The other ground taken by the 1 old father and he is not maintaining ^titioner cannot shift him to the new |is against the policy. Moreover, the lungs problem and he is presently s working as Assistant Teacher under t. Return has been filed on befialf of the respondents in which it has been mentioned that the petitioner the Department pf Tribal Welfare| School Education department. Th^refore, is incorrect that he has been translferred and he is not^n employee of the i, the contention of the petitioner from one educational district to XI-HC-22 sn^rw f^irasn^T sh*<iti«(6a ai>iw •^-^ 3^ "i|l<llrt'i|, eiTn+i'is, [cidltfy 311^1 <4^et) Hwcrrsfiww 311^1 ^kllW^fStT —5^~ another dish-ict. As far as dis' Welfare Department is being there is no transfer of the another district. \wt Surguja is concerned, the Tribal cojisidered as one disfrict and as such petiti^ner from one Educational district to Leamed counsel appearirlg petitioner may be allowed to mak| looking to his difficulties mentk Lawyer appearing for theState/res|5< for the petitioner submits that the ^ a representation to respondent No.4, ^ned above, to which learned Panel taondents has no objection. Having heard learned having regard to the facts and cij is allowed to make a representati| from today raising all his grievanc|e to consider and decide the samls receipt of the representation itt grievances offhe petitioner, in cdunsel With the direction aforesaid Consequently, M.(W.)P. F^ 2005 also stand disposed of. Parties are entitled for certified copy of this order. »hi<<?ci41-fiiiciTtftei^ttRi^K ^isri^iTsn^r appearing for tfie parties and lcumstances of the case.the petitioner i|3n to respondent No.4 within ten days jes, in turn, respondent No.4 is directed Is wrthin two months from the date of an objective manner consider the with law. accbrdance the petition stands disposed of. o.4890 of 2004 and IA. No.1774 of ^Sf- \-.c 3ud9e