^s^^^ ^-•^^^i ^ HIGH COURT QP CHHATTISGARH AT BILASPUR W.PJSS No.4794 of 3007 PETITIONER S.R. Paraintaansh, agcr! about 59 yeara, son of Shri Jaru Ram, Occupation-Semce, presently posted as Assistant Teacher, Boys Pre-niatric Hostel, Jaajgir, Departiaent of Tribal Developiaent, -Janjgir-ChaBipa(CG) J^.... 1. State of Chhattisgarh, Throngh The. Secretary, Departnieut of Schedule C^ste and Schedule Tnbe Deveiopmeiit Wdfare, DKS, Bliawa-n Raipur(CG) - 2. The Depiily Secretaiy, Depai'tDient of Schedule Caste and Schedule Tribe Developnient Welfare, Dau Kalyaa Singh Btiawan, Raipur(CG$ 3. Coinmissioner, Depai-t.ment. of Tribal WeKare, Raipm-(CG) 4. Coltector District JanjgiT--ChamipafCG) 5. Assistaat Conuaissioner, Depailment of Trioal Welfafe, Distiict ua&jgir ChamuafCG) COSSTITUTIOB OE* INDI& Sbi-i V.Vijay, coiinsel for the pRtitioner. Shri Ajay Dwivedi, Panel Lawyer for the State on advance copy. ORAL OSDER (20.11.20071 SUSIL KUmAR SIHHA. J. Heard finally witb the consent ofthe parties. The petitioner, who is working on the post of Assistant Teacher, taas been ti-ansfen-Rd from Chtiatravas Janjgir, District Janjgir to Primaiy School, Siliyari, Vikas Khanr? Pa1i; District KorbalwiTongly written as distnct ijanjgir in the iinpiigned oideri. ^^h^"^ $5 W.P.(S) No- 4794/2007 Leamed counse] for the petitioner argiaes that the seniorities of Assistant Teachers are inaintaioeri rlistrict-wise and tlie nanie ofthe nctitioner is at Sr.No.3 in ttie gradation list of distj-ict ilanjgir Champa. He staows nie Annexiire P-R (gradation 1ist) filed aloug with I.A.No.3. He also argiies that the ;i-adation 1ist ofdistiict Korba has also been filed, aecorrling to which, on the hasis of initial datR of appointment, thc seaiorily of t.iie petitioner wou1d be fixed at just after Sr. No.6S. His subiiiission is that if the order is effected, it shafl affcct tbe seniorily of the petitioner and tliat may be disadvantageoiis to him in ftitune, tlienffore, the order is bad m law. [ haye penised thc gradation lists ofboth the districts and have also heard The counsel for t1ie parties. Having heard leained coiinsel for thc petitioner as also the State, I am of flie opinion that this petition can be finaHy disposed of with a direction to ttae petitioner to file a 1'epresentation bcfore the concenied authority and tiie concenied authorily is also (lirected to dispose of the iiepresentation at the eariiest. It is directed that if so aflvisert, tiie petitioner may ffle a detailed 1-epTesentat.TOn along with the copy of this onler and a copy of writ pRtjtion hefore the conccmed authorily witJitn a period of 3 weeks froTn today and if such a representation is tiled, the concemed aiithority sball dispose of tiie repT'eseiitation at e earliest, kccping in inind the affect caused to the seniority of tlie petitioner in case of his ti^nsfer to the otiier district. It is fill-ti-ter directed that in the iBRanwhile, status qnp as it ohtains today in relation to posting and services of the petitipner sbaB be mamtainer! by the parties tfll the representation is decided. The petition stai^ds finafly disnosefi nf. Sd/- Sunil Kumar Sinha Judge sunita