HIGH COURT OF CHHATTISGARH, BILASPUR w.P.(S) No. 3758/ zoos SD. Joadder S/o Late ShrL D.K. Joadder, aged about 44 years, R!o Jr. MIG-14, Awanti Vihar Sector-I, Raipur (C.G.) Working as a Sub-Engineer, P.W.D., Division No.1, Raipur, District Raipur (C.G.) PETlTlONER Versus ' RESPONDENT State of C.G. Through Secretary, P.W.D., D.K.S. Bhawan, Raipur :WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Appearance : Shri NK Vyas, Counset for he petitioner. t Shri Arun Sao, Govt. Advocate for the State on advance copy. ’ ORAL ORDER (16.07.2908) SUNIL KUMAR SINHA,_J. Heard finaiiy with the consent of the parties. Learned counsel for the petitioner submits that the petitioner is presently working on the post of Sub-Engineer, PWD, Division No.1, Raipur, District Raipur. As per order dated 225/2004, the petitioner was allowed to prosecute his higher studies by the Government and he had taken admission in B.E. (Civil) Course in Government Engineering College. Raipur and the final examination of the iast semester is to be held in the month of April 2009. He further submits that the petitioner was continuing his studies after the said permission, having his posting at Raipur, but all of a sudden, on 07.07.2008, he has been transferred from Raipur to Ramanujganj. The submission of learned counsel for the petitioner is that if the order of transfer is given effect to, the petitioner will not be able to \ W.P.(S) No.3758/2008 complete his studies, for which, the Government has given him permission, as he will be short in attendance and will not be aliowed to appear in the final examination. His very specific submission is that the transfer of the petitioner may either be stayed tiil the month of Aprii 2009 or it may be kept in abeyance till that period so that the petitioner may complete his studies, as per the permission granted by the Government. Learned Govt. Advocate submits that on a bare perusal of permission (Annexure P/3), it would appear that there was no such ~ condition on the Government that they will keep the petitioner at Raipur till his studiesare completed, therefore, the transfer cannot be said to be illegal or malatide. ln view of all this, without passing any order on merits, l deem it proper to direct the petitioner to file a representation before the concerned authority of the State and to direct the concerned authority to dispose of the representation in accordance with law keeping in mind that only few months are left for completion of B.E. (Civil) Course of the petitioner andthe petitioner is only praying for staying at Raipur till April 2009. Therefore, it is directed that if so advised, the petitioner may file a detailed representation against the order of his transfer dated 07.07.2008 before the concerned authority within a period of 15 days from today along with a copy of this petition and other relevant documents and if such a representation is filed, the same shall be disposed of by the concerned authority at the earliest keeping in mind the specific prayer made by learned counsel for the petitioner as also that a very short span of time is left for completion of higher studies of the petitioner. it is further directed that till the said representation is decided, the order of transfer of the petitioner shall not be given effect to. With the aforesaid observations/directions, the petition stands ‘ 53/- l i tinally disposed of. Sunil Kumar Sinha Judge @ ' shyna