HIGH COURT OF CHHATTISGARH BILASPUR 5.3.: HON’BLE SHRI JUSTICE SUNIL KUMAR SINHA WRIT PETITION 13) NO. 4992I20QT PETITIONER Samme La! Neti, S/o Shri Mukutram Neti, Aged about 42 years. R/o Salihabham. PO: Batpali,’ Tahsil Kartala. Distt, Korba (C.G.) VERSUS RESPONDENTS 1. Shte of Chhattisgarh, - Through the Secretary, School Education Department, DKS Bhawan, Raipur (C.G.) 2. The Deputy Secretary. 5cheduled Caste and Scheduled Tribe Development Department, State of Chhatrisgarh, D.K.S. Bhawan, Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTlTUTlON OF INDIA Appearance: Mr. Kunal Das, Advocate for the petitioner. Mr. U.N.S. Deo, Govt. Advocate for the State/respondents ”rA k ORAL ORpER (16.07.2o10) SUNIL KUMAR SINHA,J. Heard finally with the consent of the parties. The petitioner. who is working on the post of Assistant Teacher, Primary School Purena, was transferred by the impugned order to Primary» School Podi (both in District Korba). Mr. Kunal Das. learned counsel for the petitioner, submits that by virtue of Section 13CC of the Representation of the People Act. 1950, the petitioner would be deemed to be on deputation under the control and command of Election Commission, therefore. his transfer by the authority of his original department in the capacity of holding of his original post without the consent is not in accordance with law. He submits that on this account, the order may be set aside. This contention has been reverted by the respondents. This Court while hearing on admission on 03.09.07, directed that as an interim measure, the effect and operation of the impugned order dated 07.07.2010 (Annexure-P-1), so far it relates to the petitioner, " shall remain stayed till the next date of hearing. . \ 2' ” WA * WRIT PETITIQN (s) N0. 4992/2007 Mr. Kunal Das submiis that as an effect of interim order. the petitioner is stin working at the same place. He submits that thé contention of the State counsel is not in accoldance with law. Be that as it may. since the ordet of transfer of the petitioner was stayed by this Court vide order dated 03.09.07 and the petitioner is d counsel for the petitioner, i deem it appropriate to quas by allowing this writ petition. still working at the same place. as stated by the learne h the impugned order, at this stage Accordingly. the Writ Petition is allowed. the impugned order dated 07.07.2010 (Annexure-P-1), so far it relates to the petitioner. is quashed. There shall be no order as to cost. Sd/ Sunil Kumar Sinha Judge l 1 l l l l l l l i l ,