IN THE HON’BLE CHHATTISGARH HIGH COURT AT ILASPUR w.P.No. GLW /20‘03(S.B.) PETITIONER Kuber Singh Sahu, agedabout 46 years, son of Shri Amar Das Sahu, Upper Division Teacher, Government Higher Secondaiy School, Kirgi (PO Khursipar) Via — Dongaxgaon, Tah. Dongargaon, permanent resident of Village Bhodiya, PO Singhola, Tah. And Distt. Rajnandgaon (Chhattisgarh). VERSUS State of Chhattisgarh, through Secretary, School Education Department, Dau Kalyan Singh Mantralay Bhawan, Raipur (Chhattisgarh). 2) State of Chhattisgarh, through Secretary,, Tribal Welfare Department, Dau Kalyan Singh Mantralay Bhawan, Raipur (Chhattisgarh). 3) Collector, Tribal Scheduled Caste Division Teacher, Government Higher Secondary School, (P0 Khursipar) Via — Dongargaon, Tah. Dongargaon, Distt. Rajnandgaon (Chhattisgarh). WRIT PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA. t 01] PARTICULARS OF THE PETITIONER: As mentioned in the cause title. O2) PARTICULARS OF THE RESPONDENTS: As mentioned in the cause title. O3) PARTICULARS OF THE ORDER AGAINST WHICH THE PRESENT PETITION IS BEING MADE:— i) , The memo dated 4/1/2003 of Respondent No.3 to Respondent No.4 (Annexure P-l) asking the 6/ Y. B and Backward Class Welfare, Rajnandgaon (Chhattisgarh) 4) District Education Officer, Rajnandgaon (Chhattisgarh). 5) Shri Shriram Bhandari, Upper \wk] HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION NO.647 OF 2003 Petitiongr : Kuber Singh Sahu Versus ( Respondents State of Chhath'sgarh 85 others WRIT PETITIONISJ NO.4585 OF 2005 Petitioner Shri Ram Bhandan' \,_J Versus Respondents State of Chhattisgarh 8r, Other SINGLE BENCH t HON’BLE MR. JUSTICE SATISH K. AGNIHOTRI Shri P.K.C. Tiwan', Senior counsel with Shri Avinash K. Mishra, counsel for the petitioner mWP. No. 647/ 2003. Smt. Anju Ahuja, Deputy Government Advocate for the respondents No.1 to 4 in W.P. No. 647/2003. Shri Anup Majumdar, counsel for the respondent No.5 in W.P. No. 647/2003. None for the petitioner in W.P.S. No. 4585 of 2005. Smt. Anju Ahuja, Deputy Government Advocate for the respondents] State in W.P.S. No. 4585 of 2005, ORAL ORDER (Passed on 31“ of July, 2006) 1. The present writ petitions, being Wn't Petition [No.647/2003 and Writ Petition (S.) No.4585/2005, involve common 7 ‘,....v question of law as to posting in School Education Deparhnent. Thus, both the petitions am being disposed of by this common order. O[ The petitioner Kubcr Singh Sahu in Writ Petition No.647/ 2003 (hereinafter referned to as ‘the petitioner? was on'ginally appointed as Teacher in Tribal Welfare Department of the then State of Madhya Pradesh on 3.7.1982. The petitioner Shri Ram Bhandari (hereinafter referred to as ‘Iespondent No.5’) in Wn't Petition (8.) No.4585/2005 was appointed as Teacher in School Education Department. The petitioner was thereafter promoted to the post of Upper Division Teacher w.e.f. 7.8. 1998. 3N According to learned counsel for the petitioner, the petitioner and respondent No.5 submitted joint application for mutual ex-change of their respective departments vide Annexure P-3. It appears that the petitioner belongs to Tribal Welfare Department and respondent No.5 belongs to School Education Deparnnent. Pursuant to the said application, the Government, by order dated 16.1.2002, posted the petitioner in Government Higher Secondary School, Kirgi, District Rajnandgaon, of the School Education Department and respondent No.5 was posted in Government Higher Secondary School, Kaudikasa, District Rajnandgaon of Tribal Welfare Deparnnent. Subsequently, by order dated 4.1.2003 (Annexure P-l), the District Education Officer, Rajnandgaon was mquested to repatriate the petitioner to his original deparunent i.€. Tribal Welfare Dgpartment. By order datEd 3.2.2002 (Annexuxe P-2), Dismct Education Officer, Rajnandgaon, wrote to the Pn'ncipal, Higher Secondaly School, Kirgi, stating that the order dated 23.11.2002, whereby respondent No.5 was posted in Government Higher Secondary School, Kaudikasa, District Rajnandgaon of Tribal Welfare Department, stands cancelled. It was further stated that there is no order for transfer of the petitioner. Pursuant ) to status quo order with regard to posting of respondent No.5, dated 8.3.2002 passed by the State Administrative Tribunal, respondent No.5 continued in the School Education Department. a /// Learned counsel appearing for the petitioner submits that the petitioner and respondent No.5 are continuing in their respective Schools of the School Ediication Department. On query, Smt. Anju Ahuja, learned Deputy Government Advocate, submits on the basis of letter dated 28.7.2006 of District Education Ohicer, Rajnandgaon, addressed to her ~ that the State Government has no objection, if the petitioner and respondent No.5 are allowed to continue in the School Education Department. 6. In View of the frank and candid submission of learned Deputy Government Advocate appealing for the State Government, that the State Govenlment has no objection if the pefltioner and respondent No.5 continue in the samo Department, i.e., in the School Education Departmeht, where they are working at present, it is not necessaly for this Court to go into the validity and conectness of the order dated 4.1.2003 (Annexure P— 1) and 3.2.2002 (Annexure P-2). For the reasons above-stated, both the petitions are allowed, No outer as to costs. ) A copy of this order be placed in the record of the connected writ petition. SdL f I y/ J sa‘iSh K- Agnihoui I Judge J i \vrn \.’. J Gouri