PIhnudharg Natary (Advacate) V ZRAIPUR. (C.G.) INDIA REGD. No. PETITIONER: Ku. Mithilesh Awadhiya D/o Late Shri Sadashiv Awadhiya, aged about 53 years, occupation Service, working on the post of Accountant, Office of Assistant Commissioner, Tribal Development Department, Raipur (CG), R/o C/o Shri Chandrahas Awadhiya, Awadhiya Para, Raipur, Tehsil and District Raipur (CG). State of Chhattisgarh, Through: The Secretary, ST/ SC Department, Bhawan, ‘ RESPONDENTS: 1. Development Mantralay at D.K.S. Raipur (CG). The Commissioner, Tribal Welfare Department, Chhattisgarh, Raipur (CG). The Collector, (Tribal Department) Raipur (CG). The Assistant E §E§§€3§~€ IN THE HIGH COURT OF CHHATTISGARH JUDICATURE AT BILASPUR W.P. (S) No.5136g / 2010 Commissioner, Tribal Department, Raipur (CG). A, WRIT PETITION UNDER ARTICAL 226 OF THE CONSTITION OF INDIA \1. PARTICULARS OF THE PETITIONER. As per cause title. R “ \ \Wy HIGI'I COURT OF CHHATTISGARH AT BILA$PUR Sin le Bench: Hon‘ble Shri Justice Prashant Kumar Mishra WP. (S) No.2963 of 2010 PETiTlONER Ku. Mithilesh Awadhiya Ver$us RESPONDENTS State of Chhattisgarh and others. WRIT PETiTiON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Shri Sh“; S . K Thomas, counse‘ for the petitioner. ' Satish Gupta, Govt. Advocate for the State. ‘ ORAL ORDER (25.96.2010) Heard on admission. (2) By the impugned order (Annexure Pl1) therrespondent No. 1 has canGelled the petitioner’s attachment in the Office of Aesistant Commissioner, Tribai Deveiopment, Raipur and has been posted in the Higher Secondary School,_Mainpur, District Raipur. (3) Learned counsei for the petitioner submits that she is a handicapped lady and on this ground she was posted and ailowed to work in her present piece of posting vide Annexure Pl5 on Mm, therefore, looking to. her bodily condition she has difficutty in joining her duties at Mainpur. He further submits that on this ground alone the impugned order deserves to be interfered with. g» (4) After hearing teamed counsel for the petitioner, this Court ts of the opinion that since the impugned order observes that attachment is cancetled because there is no post avaiiable in the Office of Assistant Commissioner‘ Tribal Development Raipur and the petitioner is \ surpius: it will not be proper to direct the respondents to keep the petitioner posted and attached at the present piaoe of Ming. However, looking to the fact that the petitioner is a handicapped empioyee: if she moves a representation before the authOrity concerned raising her personal grievances, the authority shall sympathetically consider the same and take a decision within a period of one month from the date of production of this order. During pendency of the representation or for a period of one month whichever is eariier, the petitioner shall be aiiowed to continue at her present piece of posting. M: i Sd//-- . Prashant Kumar Mrshra, f Judge ,x g