i' SINGLE BENCH r^ 1N THE HIGH COURT OF CHHA.TTISGARH AT BIIASPUR WRIT PETITION No.40'rl /2005 PETITIONER .^ ( -/...--^' >vy,.- ^\ffM/ >wm/ '/ '^>'o ->-/^:\7 <^?"" ^y ^Smt. Anima Tirki,' W/o. Shri Prem Sai Tirki, Aged about 35 years, Occupation - Service, R/o. Bhilaikhurd Bario Dhaurpur, Block Lundra Distt.Surguj a (C. G.) VERSUS RESPONDENTS 9 Y' State of Chhattisgarh, Through the Secretary & Ministry of S.T. & S.C. Development Department, D. K. S Bhawan, Raipur (C.G.)• 2.,.- The Assistant ComidLssioner / / Tribal Developiaeiit Departmeiit, Ambikapur, Distt .Surguj a (C.G.) The Block Education Officer,. Block Lundra, District Surguja (C.G.) The Chief Executive Officer, District Panchayat Tribal Welfare. Department Ambikapur District Surgiij a, . (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA *iI*l<n^»TT^ ^ETrqi«|p>«,yTft^^ld, RlriN-l^ .^.'.f;..'0.?:.1^.0'^ 311^$T^TR^|ch wiTsn^^fp^ ^Fl200<r 3TT^5Tq^(^fg^) §^T8f?^fln3n^^T 21.09.2005 Mr. Ashok Shukla, iearnedl Mr, Vivek Sharma, tearn^ Chhattisgarh. Meard. The petitioner is workingl Girls High School. She was trs| P-2) from Primary School, Jory,| Dhaurpur, District Sarguja. Aft| been transferred on 06.07.200^ School, Dhaurpur to Girls Superjntendent. Learned couns< Superintendent and Assistant T^ <pi<<[c><fl<i wraT^r{^^£I^Rt<d|^ ^ 31^17 SII^ST counsel for the petitioner. •d Panel Lawyer for the State of |as Assistant Teacher at Dhaurpur Insferred on 28.02.2004 (Annexure Block Lundra to Girls High School, ^r a year, the petitioner has again ^ (Annexure P-4) from Girls High A^shram, Jory at the post of il for the petitioner submits thatthe acher carry the same pay scale as such no loss of monitory benefit^ but there is a change of cadre. as Superintendent has to perforijn administrative function not the teaching and the petitioner wasj a teacher performing th@ teaching work. Learned counsel for the| respondents submit that both the posts are interchangeable and| there is no difference jn the pay scaie. The petitioner's salary a^ well a? seniority is fully protected. it is further submitted that tlfe order has been passed in the administrative interest and as si Learned counsel for th^ petitioner next submits that the petitioner be permitted to n authorities pointing out her pen ch this petitionbe dismissed. ake a representation before the onal difficulties and the respondents XI-HC-78 *ii*iwim<n^ ^S^^ 1*1 iw<i, walx-i<i<?, ftrti^iyx .V.:?:..^.(?-...^0.l.^ 3TT^$T q^(^<S|i^c|t£{) ^200^ 3TT^nWTRrtJ<b WT^tTBRTO 1- ^rnr^ y^ ••!! '^' g^TTW^Rct 31T^$T ^-,j^ <pi<iTw<ni <ii<ioT^ffe^ ^^iK ^ari^flran^sT be directed to decide the sam^ within a specific period in accordance with merits. Learned counse! appeanng objection to making up a representa|ion. In yiew of the foregoing, t| direction ^t^th^ authorities to d^ petitioner, if any, within a period 4>f four weeks from the date of receipt of4he representation. Th for the respondents has no ie petition is dismissed with a cide the representation of the 3 petitioner is allowed to make representation within a period oftw<|) weeks, from today. In the meantime, the impug|ied order dated 06.07.2005 be nof given effect to for a period of fo| Accordingly, the petition star^ costs. |sr weeks from today« ds disposed of. No .order a's to In view of the above, all ^ending apptications also stand disposed of. Sd/- Satish K. Agnihotri Judge