r.jc- 9-~{^rv- y^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. J^'^-0 OF2009 SERVICEMATTER . WRIT PETITIONUNDERARTICI-E 226/227 OFTHECONSTITUTIONOF INDIARORISS NCE.QR^WRI^IN:THENATUREOF^ERTIORARI MANDAMUS.PROHIBITlONAND/ORASUn'ABLEDIRECTIONORORDER TODOJUSTICEINTHEMATTER PETITIONER ^o ,^.^s l,..''' ^*' .^^y' .^'wf^.y y ^ ^ ,*?•' VERSUS Adhar Singh Wakare S/o Shri Gorelal Wakare, Aged about 41 years, presently pQsted as.Block coOFdjnator, Rajiv Gandhi Shiksha Mission..Block - Marwahi, District - Bilaspur (C.G.y/fo»&»^<*«^°n'" 'hnh/^ OTTct-Oo. d.j /IfchA^-^iiy'.-^) RESPONDENTS 1. 2. 3. 4. 5, StateofChhattisgarh,ThFough:Secretary, School Education Department, D.K.S. Bhawan, Mantralay,Raipur(C.G.) The Tribal Welfare Department, through: ^Secretary, D.K.S. Bhawan Mantralaya Raipur(C.G.) The Collector, Cum District Mission DireGtor, Bilaspur(G.G.) Block Education Officer, Mungeli,'; 't-' District-Bilasp.ur(C.G.) Election:Commission of India, \^ Through: Secretary.'Nirwachan Sadan, AshQkaRoad, NewDelhi., - ^1.: '' -t——- TheChiefElectoralOfficer, —;;-**-- ChhattisgarffElectionCommission, Indirawati Block, D.K.S. Bhawan Raipur (C.G.)" ::- ; : • .•::1;Y, L^——"- :'Vi^- ^^^Si'iNtS'^? Sfc'iillBBBB6 i'':ss.ssssssj{ ^''S/SsS^S^Sfo "^'^^^^S^^l^ ^^.' ^^^^-.^•^^:; ^ ^' ^- ^•^ .^^ ,llllillllllUliiitEBy.ii -{. 7. Smt, Aruna Baghel, head master(twd), Middle School Mada Coat, block Marwahi, District Bilaspur(C.G.) DETAILS OFTHE PETITION L ?1:Bi! ^ HIGH COURT OF CHHATTISGARH: BILASPUR PETITSONER WRIT PETITiON (SV N0.1470 OF 2009 Adhar Versus RESPONDENTS State of Chhattisgarh & Others ^A/rit Petition under Articte 226 ofthe Constitution of India) Sinaie Bench : Hon'ble Shri Satish K. Aanihotn, J. Present:- Shrl Sandeep Dubey, counsel for the petitioner. Shri N.N. Roy, Panel Lawyer forthe State. Shri A.S. HSthhawaha, counsel forthe resDondent No.3. Shri V.K. Pandey, counset for the respondent No.7. ORDER fORAU (Passed on this 16th day of March, 2010) 1. With the consent of learnedcounsei appearing for the parties, the petition is heard finatiy. 2. The petitioner, by this petition, chaiienges the iegaSity and validity of the order dated 2-3-2009 (Annexure — P/1) passed by the Department of Schooi Education, whereby the petitioner has been transferred from Raih/ Gandhi Shiksha Mission, Block Marofahi, Bltaspur to the ofRce of District Education Officer, Bilaspur. 3. Learned counsel appearing for the petiBoner submits that in compiiance of the order dated 18-2-2009 (Annexure - P/4) the Detitioner has ioined on the oost of Biock Coordinstor in Rajiv Gandhi Shiksha Mission on 19-2-2009, on deputafion basis. However, before completion pf_the minimum period oftwoyears.al of sudden by order dated 2-3-2009 the petitioner has teeen repatriated/transferred to his parent ciepartmentand in his place the respondent No.7 herein has been posted. The impugned order has been passed without foilowing principles of natural justice and without affording an opportunity of hearing to the petitioner. Learned counse! submte that the ser«'ices of the petitioner cannot be transferrsd/repatriated without consent of both the departmsnts and the emoiovee concerned. Learned counsei further submits that one identical matter being W.P. (S) No.3997 of 2007 (Radhe Lal Nag v. State Govt. of Chhattisgarh & Others) was decided by this Court on 27-3-2008. Learned counsel prays for similar order, to which learned counsel appearing for the respondents have no objection. 4. In Radhe Lal Nag (supra), this Court observed as under: "10.... ,it is ciear that the oetitioner is entitled to remsin on deputation for a minimum period of two years from the date of his joining in the borrowing departmeni i.e. Raieev Gandhi Shiksha Mission. The ssn/ices of the petitioner cannot be repatriated before two years, without consent ot tne petrtioner/employee concemsd. Thus, the impugned order is bad and contrary to the circuiar dated 2.12.1988." 5. /tecordingiy, the present petition is ailowed. The petitioner be ailoweiJ to remain on deputation for a minimum period ef two years from the date of his joining pursuant to the order dated 18-2-2009 in Raieev Gandhi Shiksha Mission. The imougned order dated 2-3-2009 (Annexure - P/1), in regard to the petitioner is quashed. No orderasto costs. Sd/- -_L satish K Agnihotri