IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH W.P.NO.SSGO pf 2005 PETITIONER ^ ^y. ^^/ 4^y .^.^A^ .^.^\k<' -<^.y : / N. R. Patel S/o Shri Jaylal Patel aged about 53 Yrs. Occupation upper Division Teacher Govt. Higher Secondary School Navapara (Tenda) Dharamjaigarh Distt. Raigarh. VERSUS RESPONDENT 1) State of Chhattisgarh through Secretary Adini jati tatha Anusuchit Jati Vikas Vibhay D.K.S. Bhawan Raipur.^ , ^p?nv^jsv^. \// :/y<^yajLt ,a 2) Assistani^Vikas Raigarh (C.G.)^ ^ . " ^- . ^-^ l ^ ^3) Collector Raigarh Distt, 4) Mukut Ram Gupta S/o not known Party Worker Bahrtiya Janta Party Dharamgarh Distt. Raigarh (C.G.). PETITION UNDER ARTICLE 226/227 OF CONSTITUTION OF INDIA XI-HC-22 3FST ^TRTRPT, ^TnwKe, fanwy . ,.UD/?,23^/D^ ^ltidl AUIcb ---•^-—•-y ^ 200 ^TI^T^T f^ri^w^T Sb*licb^f^T ^- L J ^l^l^^dlW^cT 05.08.2005 cM<<I<n4iTi ^w<nT^teI^<Ri^i< ^3Tf^T3TI^T Smt. Hamida Siddique cour|sei for the petitioner. Shri Arun Sao, Dy. Goyerr\ advance copy. W.P. No. 3300 of 2005: Heard, Learned counsel for th^ petitioner, who is working on the | ©overnment Higher Secondary transferred by the impugned prc^ 1) to Government <5ir!s High; Schc| ment Advocate for the State cn petitioner submits that the post of Upper &ivision Teacher in Schooi, Navapara (Tenda) WGS er .dated 24.9.2004 (Annexure P- ol Kachhia (Vadrafnagar) District [ Sarguja on administrGtive ground^. She further submits that just after issuance of the transfer) representation to the authorit| Annexure P- 2. Learned counsel for the p^titioner further submits that on representation of the petitioner| Assistant Commissioner/Tribai D' order, the petitioner made a / concerned on 30.9,2004 vid6 some information was cailed by the Secretary of the concerned ^lepartment, in reply to which/ the bvelopment, Raigarh had written G (S^ XI-HC-22 W^T^H" 1^F3T1^T SbHicb^fN' v .-\. iii k~. ^l*idl $ftHI<»> 3^ ^l<IKn<4, ^TnWK?, («t<<1Wy _..3T.Sjf- ^^lld> ---'--- f^%' i^^ 200 3T1^T ?^<TTW ^rf^cf -l^ Hamie^pu anU memb dated 13.5.2005 in whichl was not relieved and in pbce of adjusted in High School the post of a U.D.T. is tying 13.5.2005 has been fiied as An^ the representQtion was fiied a| petitioner is not reiieved Secondary Navapara, District ^ trying to relieve the petitioner filedby him yide Annexure P- 2 Leamed counse! for the transfer be quashed and the on his present ptace of posting . On the other hand iearne^ this writ petition. He'submi" administrative groOrids and th^ order passed by the authorities I have heard leamed coi have perused the record filed al Admittedly, this order o1 and the same has not been con <+»Mld41Tl^i^<nT^te^<t^<^« ^3Tf^T3TI^T |it ismentioned that the petitioner VadrafnGgar, the petitioner can be ir, BIock Division Tamnar where j/acant. The copy of memo dated lexure P- 6. She submits that since hd it was under consideration, the he is still working in Higher [aigarh but now the authorities are l^ithout deciding his representation bn 30.9.2004. |)etitioner prays that the order of pejtitioner may be ailowed to continue }i t)y. ^overnment Advocate opposes ^s that the order was passed on petitioner must compiy with the |of the State. |nsel for the parties at length and |)ngwith the writ petition, transfer was issued on 24.9;2004 plied till today and why the order sasa XI-HC-22 ^TI^T^FT f^F^n^T SbHicti^cf \- '^ . 0'^: 3 S^^NId^l, ^T(lwi<?, ft^ll^y 3H^ Co <mdT $b*l icb ^q^fr >P 'rl3^/o3' k'W( 200 <^re%' dated 24.9.2004 was kept in matter to be expiained by thc| fact remains that the repres^i not been decided til! date'and to be relieved for his transfeili months; In the facts and circumst to direct the authorities o1 representation at the eartiest| representation filed by the P- 2 has not been disposed of novv, then it shal! be disppsed| within a period of 1 month from| copy of this order before th^ matter may comes to an end. mind the deiay caused in compl aiso the recommendation/ic Commissioner/Tribal Deveiopme Since I have granted a production of certified copy representation of the petitione pet|tioner Tbe cbl^Id^nTl Hl^dT^ fe^ <(^^i< ^3Tf^T3n^T o^eyance for such a long period/ is a authorities of the State. But the itation fiied by the petitioner has n the other hand he is being forced ^ed place after a hpse of about 11 tances of the case, I deem it proper the State to dispose of the I do hereby direct that if the on 30. 9.2004 vide Annexure |by the authorities of the State by of as eariy as possible preferably |the date of production of certified competent authority so that the concerned authority shail keep in lance of the order of transfeF and sent by the Assistant ie|it, Raigarh. time of 1 month from the date of If this order for decision of the \ I also direct that the petitioner ^m K.itsi!^'^ ••••""-* XI-HC-22 3TI^T^T f^TW3TI^T ^TW^fScT y^ ^ 7S[ ^qFTRFT, ^Tn^li<e, 1cl<rtwy 3il<yi^5i<!n . ^ ^c??JsyL MWdl $b4i«b————t- ^ 200 3H^T ^«tIW^^T -s shali be allowed to continue or| further period of 6 week^ representation shall be decided|. The tran^fer of the petj decision on the representati< representation has aiready b| communicated to the petitioner With the aforesaid obsefr disposed of. Consequentiy, M.WP.No. Certified copy as per rul^ his present place of posting for a from today during which the tioner shall be subject to the final m taken by the State. If the sen decided, the result shaii be 'yations, the petition stands finally ?807/2Q05 also stands disposed of. <bl^Id^^ ^l^dT^te^ <(^^i< ^3rf^T3T1^T Sd/- Sunil Kumar Sinha Judge (^^fe^)