•^ ^ I^M1?M@HCOU1CTOFJUDICA^REATBILASPUR. u^ v^ CHHATTISGARH W.P. No.^?S9 OF 2001 PETiTiONERS Sooraj Singh Rathore, S/o Siroman Lal Rathore, aged about 81 years, Assistant Tea.cher, working in Girls Primary School, Hamalpara, Kharasia, Distrjct Raigarh (Chhattisgarh) ..^< »*'i yv-« !••' ,\^^^ \^.^'9."''..'' ^N^-"" 2. .••-"<^\-^ ^•^'\p^ iasmahant, S/o Amardas, aged about 60 years, working as Head Master in Boys Primary School, Hamalpara, Kharasia, DistrictRaigarh (Chhattisgarh) ^^ ^y '^ RESPONDENTS VERSUS I.^Stateof Chhattisgarh, throughthe Secretary, Department of School Education, D.K. Building.Raipur (Chhattisgarh) 2. Commissioner, Bilaspur Division, Bilaspur (Chhattisgarh) 3. Collector (Tribal), District Raigarh (Chhattisgarh) 4. Principal, Girls Primary School, Hamatpara, Kharasia, District Raigarh (Chhattisgarh) 5. Principal, Boys PrimarySchool, Hamalpara, Kharasia, Distrtet Raigarh (Chhattisgarh) | WRIT PETITION UNDER ARTICLE 226/2270F THE CONSTITUTION OF INDIA •m,.AsW» XI-HC-22 sn^i^i siE?r st>l ?if^T .:r w^.^.t.. 'sS'S e-^yS-'ii ^sr •BTpn^p;, '^ftwre', fsiciiyy W.P.No.2089/2001 3!T^T??<nW^Tf??T WfeA ^qilfrif'?'fe<Zt T^FCT '3;3rf;OT311^;] 30/10/2001 Shri PrasbantjMlshraa' counsel for petit-toners. Shrj. Ueep Kesjiarwani. PL for the Stste. Heard. ! j Counsel for tjie State submits that State Administrative Trlbunal ^hall have the jurlsdiction over tbis mafcter concerni.ng tjransfer of writ petitioaer. According to Sbri Mishra learned counsel for tbe petitione- rs after tbis Court ha<3 ji.ssued some directions calling upon the Canunissioner toj examine the case of the pstltioner the Trtbunal in some cas^s bas declinsd to examine the matter inasauch as the Hjigh Court bas alseady exaKiined tfae raat-ter earlier. Shrji Deep MesharvTani, learned Pu ror the State subm-Lts thiat since State ActaiQlstrative TribunaJ. is now functj.orijj.ng it wouJ.a be proper that the rnatter is examined by th|e said Stats Admln-'.strative Triounal Shri Prasbantj Mishra. learned coanssl for the petiti-oners subra.i.ts jthat ln fact the petitloners are on the verge of ret-Urement and in a year or two,, 1 they will retire from ttlelr services . In my view, i£ that be so. this Court's; directj.an sbould clearly redress f^tre? '^v. (:^l'^i<"l4i"^ sfFi-i<v1f "^ Is'^i Tf^?'t': ^ s:?i^i-T sni?^ tbe grievsnce of the writ|petitioner. Be that as it may, In order to bave the uniformity in the matters, let the writ petitioners approacfaj the Triiauaal within a month s particularly on the pointjthat they should not be toucbed as they will retire frcyn their service in a year oc ti'io. Let the Tribunal decide tbe entire matter on merit. In the facts and eircumstances of tbe pre'isect case, it will be reasonaiale tbat the petitioner shall bs alTW® to continue In their present place of posting ano in this view of tbe matter, the ordsr of transfer issued in respect of thewrit petitioners sball reniain stayed until the matter is decided finally by the learned Tribunal. With tba staove observations and directions, this petition is disposea Certified copy ot as per rules• r Cbief Justice