(L^ ^t ^.. M( a.'s' IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETmON fSl N0. ^ OF 2010 PFTITIONER : A^ £> ^'"^•' ^^^ ^^.^^"" •$^;/ ..••'"j^o^-' Ap1' A' <^..- <ffc '•' Kartik Ram Rathore S/0 Late Mohan Lal Rathore, aged about 61years, Occupation- Head Master, posted at Middle Schoot, Kothri, Tahsil Kartala, District- Korba, (C.G.) VERSUS RESPONDENTS ^ 1. State of Chhattisgarh, through Secretary, Adim Jati tatha Anusuchit Jatl VikasDepartment, D.K.S. Bhawan, Mantratay, Raipur, District- Raipur, (C.G.). ""CNSft!;eC*\.. WK""if!!S-^\ ^./•~<%\, f?/. .^7^ t&^.~~ ^^/ ^"^S'^airf"''.^ '^J'-' ! ftK'i'''^i,;y 2. Commissioner, Adim Jati tatha Anusuchit Jati Vikas Department, D.K.S. Bhawan, Mantralay, Raipur, District- Raipur, (C.G.). 3. Assistant Commissioner, Adim Jatl tatha Anusuchit Jati Vikas Department, D.K.S. Bhawan, Mantralay, Raipur, District- Raipur, (C.G.). 4. Rajkumar Jangde, aged about years, working on the post of Upper Division Teacher posted at Government High School, Kothri, Kartala, District- Korba, (C.G.). WRIT PETmON UUNDER ARTICLES 226 OF THE CONSTTTUTION OF INDIA. ^^ HIGH COURT OF CHHATTISGARH : BILASPUR PETITIONER WRIT PETITION (S) N0. 1418 OF 2010 Kartik Ram Rathore RESPONDENTS Versus State of Chhattisgarh & Others (Writ petition underArtide 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Awadh Tripathi, Advocate for the petitioner. Shri V.V.S. Murthy, Dy. Advocate General with Shri A.V. Sridhar, Panel Lawyer for the State. ORDER (ORAU (Passed on this 1st day ofApril, 2010) 1. With the consent of learned counsel appearing for the parties, the petition is heard finally. 2. Learned counsel appearing for the petitioner submits that by order dated 3-11-2009 (Annexure - P/2).the petitioner was promoted to the post of Lecturer and posted at Higher Secondary School, Sohagpur. Learned counsel further submits that the petitioner has, thereafter, made a representation to the Assistant Commissioner, Tribal Welfare Department on 12-11-2009 and thereafter on 8-3-2010 wherein the petitioner has clearly stated that the petitioner is ready to forego his promotion to the post of Lecturer and he may be permitted to continue at the original place of posting, as he is at the fag end . of his service. Learned counsel next submits that despite express willingness by the petitioner to forego the promotion order in the representations dated 12-11-2009 and 8-3-2010, no decision has yet been taken by the authorities. Even the ..^to if^"' ;§ r ^s g ^^sS^ Gowri petitioner is continuing in the same capacity as on date without taking any benefit of the promotional post. Learned counsel prays that the respondent authorities may be directed to consider and decide the pending representation of the petitioner within a stipulated period and till then the petitioner may not be disturbed from his original place of posting. At this juncture, Shri Murthy, learned Dy. Advocate General appearing with Shri Sridhar, learned Panel Lawyer for the State submits that if the above stated representations are still pending consideration the same shall be considered and decided, in accordance with law and on its own merits, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order and till then the petitioner may not be disturbed from his original place of posting. In view offoregoing, according to learned counsel appearing for the petitioner, nothing survives in this petition for adjudication. Accordingly, the writ petition is disposed of. |-- --- - ---— -— 1 SdA SatishK.Agnihotri Judge f •^f