^: ^ ^\e^) IN THE HIGH COURT OF CHHATTISGARHAT ^ILASPUR W.P. (SlNO. ^62^^ /2009 PETITIONER RESPONDENTS ^ ^^ ^0'.^'' ^'>y'. l'<^-' ^" .••''^•^ .•••" ^^^ ^^y -w' fl Chandra Bhan Tiwari S/o Shri Narmadanand, Aged about 55 years, Occupation - Service, Higher Secondary School, Posted as Lecturer Shivatari^" Block Kota District Bilaspur, C.G. VERSUS 1. The State of Chhatfisgarh through the Secretary DKS Education Bhawan Department, Raipur C.G. 2. The Secretary, Tribal Welfare Department, DKS Bhawan Raipur C.G. 3. Commissioner, Scheduled Caste and Scheduled Tribe Development Departmenf Raipur C.G. 4. District Education officer, Bilaspur 5. Collector (Tribal Developinent) Bilaspur District Bilaspur C.G. WRIT PETITION UNDER ARTICLE 226 OF THE CQiNSTITUTION OF INDIA FOR ISSUE OF AN APPROPRIATE ^ r<ii^i<aq, "•Eiiily'ie, fsid!-yy,< .^l-l^l^A^W'^ 3n^?T 'vias (Tpf3^() 311^1 W f<-) WIT 2ff^T^i*iiq» ^TOR^Rteran^i SB : Hon'bSe Shri Manindra IVIohjin Shrivastava, 4. Shri Rakesh Pandey, couns| Shri Vjnod Tekam, Panel advance copy. Heard. !t is submitted that the Assistant Teacher in Tribal De\| petitioner was sent on deputatiorj while working on deputatioit (Annexure P-3), sen/ices of the| ^rawfrT 'qisTCff^f^s tfansR ^TSffiPTS!!^ for the petitioner. Lavcyer for the State/respondents on Education Department from the d^te of his deputation. On the same day, however, an order of promotioti was issued by the office of the Commissioner, Tribal Developme respondent-Collector vide impugr P-1) has issued posting order of itself. Submission of learned coui been absorbed in the School Edu jurisdfction and authority to issi (Annexure P-1). It is atso submit the Commissioner, Tri.bal De^ anomalous situation arising out passed by the Colleotor, but the s| petitioner was inltially appointed as elopm'ent Department. Later on. the to Schoo! Eduoation Department and vide 'order dated 02-09-2009 petitioner were absorbed in School ^it, Raipur (CG). Pureuant to which, the ied order dated 27-10-2009 (Annexure the petitioner in the Tribal Department |isel for the petitioner is that once he has |;ation Department, the Coiiector had no je impugned orderdated 27-10-2009 [ed a representation has been made to ^elopment, .Raipur, C.G. highlighting bn account of order dated 27-10-2009 ime has not yet been decided. KlKB sn^n %r ((•fi'* ^ff 3TI^?T flt^rqi Tumane. 3~s^ "l{!<41<ri'ii, »Ti1+1'l(a, fqylK-iy. .W<f.(^r^, &<> 2^/^35 ^^.........^............................^........^ gn^? iRq; (•pia'is4) wnwtiftBai^i •z- On the other hand, submi^ respondents is that once the sen/icet the Schbol Education Department vid^ P-3), the parent department/Tribal Dek order of promotion dated 02-09-200^ that order of posting dated 27-10-^ promotion dated 02-09-2009 (Anne^ order dated 02-09-2009 cannot be giv^ In view of the stand, which i^ their return, respondent-Commissione take appropriate decjsjon on the period of one month from the date o1 pass necessary orders in this regard. the petitioner's representation, interir order dated 12-11-2009 shall continue Withthe aforesaid obsen/atiori, ^rafOTh itpraf •if fttA ^fsre^re ^•silmw^r sion of tearned counset for the , of the petitloner were absorbed in ' order dated 02-09-2009 (Annexure 3artment had no right to issue either or the order of posting. It is stated 009 (Annexure P-1) and order of ure P-2) in vlew of the absorption sn effeot to now. taken by the respondents/State in (r, Tribal Development, Raipur shall repi^sentation ofthe petitioner wlthin a receipt of a copy of this order and Till passing of appropnate order on fi relief granted by this Court vide |the petition is finally disposed of. Sd/- Manindra Mohan Shrivastava Judge