^1' IN THE HIGH COURT OF JUDICATURE AT BILASPURfC.G.) W.P.NO. ±3/2003 •IV.EJR' *• ^^ 1\> <^v^?- {^5 y^ ^'<3^-' r^y' .^^^. .^ (^iy^'-{ &<-!' RESPONDENT .-I .k'la'. y^ Dharmendra Sing Bais S/o M.S. Bais A.ge-39 yrs., Superitendent ofPost Metric c- ^drwasiBalak Chhatrawas Raigarh^ 'Uistt. Raigarh ( C.G.) Versus (1) State of CUhattisgarh through , ^ The Secretary , Tribel Welfare Deptt., D.K.S.Bhawan Raipur . Distt.- Raipur ( C.G.) /• (2) CoUector , Tribel Deptt., Distt. Raigarh (C.G.) ^(3) Rajeev Ratan Choubey S/o Lt.R.R.Choubey, Age - 50 yrs. Head Master , Atteched Superitendent P.M.Govt.Employees Boys Hostel Distt. - Raigarh (C.G.) WRIT PETmON UNDERARTICLE 226 / 227 OFJFHE CONSTITUTION OF INDIA ..-»'' c^c IN THE HIGH COURT OF JUDLCATURE AT BILASPURfC.G.) W.P.NO. ~L13/2003 PETITIONEX ,.e>t3a» :sKsa ^'••' <s&^" ^•^€> '•^y^ •T^*'" t^'?^N?r RESPONDENT : ,0-' Dharmendra Sing Bais S/o M.S. Bais Aee-39 vrs^- SuDeritendent ctfPQst Metric sovexnment sniployees Boys MQStel* Raigarh. Versus (1) State of Chhattisgarh through , The Secretary , Tribel Welfare Deptt., D.K.S.Bhawan Raipur . Distt.- Raipur ( C.G.) (2) Collector , Tribel Deptt., Distt. Raigarh (C.G.) j^(3) Rajeev Ratan Choubey S/o Lt.R.R.Choubey, Age - 50 yrs. Head Master , Atteched Superitendent P.M.Govt.Employees Boys Hostel Distt. -RaigEu-h (C.G.) ..^" WMT PETFTION UNDER ARTICLE 226 / 227 OE/THE CONSTITUTION OF INDIA T^ ^qi-qT^ ^-enwi^, T.iicnwK ^ {^.r' !<St>. ll3S/2-^°3 Osi6'l?1T W'Ssasfj •^? 200 swW ~Vsf> (T^f(:W~, ^^.f ^ 'i^^lS^' | ^t^ ^n^"^ 'gp^s' i f. "'T viSiwcvimsi!S9 fswSS& 'BRfTNh-qpm? ^'re^i ^fSrKK ^ 33fiis< Si]t<T Division Bench: HON'BLE SHRI FAKHRUDDIN,Ag.|C.J. & HON'BLE SHRI SUNIL KUMAR SjlNHA. J. 25-01-200S. | Shri A.N. Bhakta, counsel forfte petitioner. Shri S.C. Verma, Panet Lawyejr, for respondents No.1 and 2/State. Shri Ashish Shrivastava, coun^sl for respondent No.3. Heard finally with the consent.! This petition under Articles 2^6/227 of the Constitution of India has 1 been preferred by the petiUoner ^gainst the order dated 30-06-2001- Annexure-P/6, passed by the State ^dministrative Tribunai, Raipur in O.A. No.446/2001 whereby the learned ITribunal has stayed the order dated 22-06-2001, posting the present pefjtioner as Superintendent, Post Matric Govt. Employees Boys Hostel, Raigaf-h. Perusal of the order dated 3^-06-2001 (Annexure-P/6) shows that respondent No.3 Rajeev Ratan Cfioubey had filed OA No.448/2001 before the State Admlnistrative Tri^unal on the ground that the present petitioner namely Dharmendra Sins|h Bais has been posted in ptace of respondent No.3 though respondent No.3 has not been transferred from his present post to any other placje. tt was atso contended that after receiving the order dated 22-06-200JI , the Coltector, Raigarh wrote a letter to the competent authority that no p^st is vacant for the present petitioner. The Tribunal after hearing respond^nt No.3/applicant passed an exparte order on 30-06-2001 staylng the opejration of the order dated 22-06-2001. i Thereafter the present petitioner afrplied for intervention on the ground ^ttat he was^not iinjpleaded^ as a p^rty and alsofited an applicationfor ^3 ^s^ SB l-HC—78 ';:'lT4RTTi, ®Tii-H<i<s,T^irey 1^^'. IMO. lt3.S"|^C'a3 :;.v!.'s'si Sil^'?? ^^^ iCTrat 'sffsvi s^ijs 'ifiPlfePOT TWRlf'if fc^ ~SfSR$iT -2_. ^ vacating the stay order daied 30-0^-2001. Thereafter, the Tribunat after hearing both the parties, allowed th^ application for intervention and the present petffioner was permitted to|join as intervener vide orcter dated 19-07-2001 (Annexure-P/8). By ft4 said °rdor the teamed tribunat has aiso continued the stay order grantedeariier. It is pointed out by both thej parties that the State Adminlstrative Tribunal has been abolished and ttjie noffication has also been filed as Annexure-R/2. The matter relates tojvacation of stay order granted by the learned tribunal and the matter ijs lying in the State Administrative Tribunal. j The subject matter before tHe Tribunal was transfer order dated 22-06-2001. More than 3 % yearsjhave already been elapsed andthe transfer order has lost its efficacy. jAnnexure-P/2 shows that respondent s No.3 Shri Choubey is working since j 986. Learned counse! for both fh^ parties submit that the rival parties may be directed to fite their represjentations by raising their grievances before the State Government and 4 direction may also be issued to the Competent Authority of the State G^vemment to pass appropriate orders as earty as possible, after hearing th4 rival contentions of both the parties. Having considered the factsl and circumstances of the case and material on record, in ttie opinion oftfiis Court, the ends of justice would be served if a direction is given tb the rival parties to make detaited representations before the Compet^nt Authority of tiie State Govemment I, raising their grievances within a pej'iod of 15 days from today along with copy of ttiis order and on such r^presentation being made, the State l-^vemrnent^hall-decide^he-fepf^n^ions-ancM^ass-su^opriate^wctefs, B r Xi-HC—78 ~5^ ^I^ICl^l, ca?[re7re, T5lCTTO1T? V^,^MO 1 \t.3Slz^>o3 W'7ivS 3^?T ^Ta^ (.'^^5^'} *.i^^i f^;> \-^l^ | ^^ ^I^l^^ 1 '^i.SIK^ ^ ;^^^1^ -s-l- qiE'^W'^l'i i-En^i "-i tS^i <i'-s'!^R ^•'afRmsn^T after hearing both the parties, a^ eariy as possible preferably within a period of two months from the d^te of receipt of the representations. It is made clear that the stay order paised by ttieState Administrative Tribunal shall not come in the way for conjsideration of the representations filed by the rival parties. It is also made the parties may avall the remedy available under the law. With the aforesaid observations, the petition stands disposed of. Consequently, M.W.P. No.1212/2003 also stands disposed of. Certifiecj comjre_BSr rules.! Sd/- Chief Justice clear that if any grievance still subsists, Sd/- SunilKumarSinha Judge i'y.f '7 J'Y