C leaf; §§NGLE gENm‘i IN THE HON’BLE HIGHCOURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (SI No. 35%UI§ OF 201 PETITIONER Smt. Seema Jambulkar, Aged about 43 . Years, W/o Shri Rajkumar Jambulkar, Occupation Service, Working as Lecturer, Government Higher Secondary School, Titurdih} District' Durg, Chhattis‘arh W g VERSUS / 1. State of Chhattisgarhithrough ' Secretary, Government of Chhattisgarh, School Education Department, DKS Bhawan, Raipu Mantraiaya, Chhattisgarh RESPONDENTS ’27 Director, Directorate of Public instructions, Raipur, Chhattisgarh / 3. Collector, Durg, Chhattisgarh / 4. District Education Officer, District Durg, Chhattisgarh 5. Principal Government Higher Secondary School, Titu‘rdih, District Durg, Chhattisgarh 6. Smt. Hemlata Sahu, Principal, Government High School, Cheecha, DistrictDurg, Chhattisgarh WRIT UNDER ARTICLE 226 OF .THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT IN THE NATURE OF, MANDAMUS, ICERTIORARI OR ANY OTHER WRITNVRITS‘ *OR ORDER/ORDERS OR DIRECTION OR DIRECTIONS OF THE LIKE F 0 r, ‘ COURT OF CHHATTISGARH AT BILASPUR HIGH wmT PETmON (3) No 4s45 ofzow . Smt. Seem Jmnbulkar. " VERSUS State ofChImxisgarh & Others. r PETITIONER RESPONDENTS WRITPE'ITHONUND 1,‘ i i 0 lgj' Qx‘ulJI. Id, 1 SB: Hon’hle ShrirSmsh K.Ml Presertt: I Shn KS Marhas, Advocate fore ponm' Shn Shashank Thakm’ Panel Lawyer for the State/respondent ' ’ None for the respondent No 6 despxte servwe ofnouce No lto5 ORDER sow} (Pagsed on os day ofJuly, 201 1) nevance of the petttmner m this petmom 1s 11m by arder dated 23 09 2009 (Annexure P/S), 111a petitioner, Workmg as Principal at Government Hxgher Secondary School, Tmdih Dim-1d Burg was transfen‘ed to Govamment Higher Secondary School, Anda, , District Durg at the option ofthe District mention 0mm, burg. Without there being any amendment ‘in the said. order, the nnpugned' order dated 09 082010 (Amexure P/I) was passed and the respondent No 6 was posted at Government Hrgher Seeondary, School Anda, m place of the peunoner In the impugmd order there 1s no reference of the earlier transfer order dated 23 99 2009 assed by the Under Secretary to the Government of Chhatttsgath, School Educatmn Department, wherem the petttaoner vm transferred to Government Htgher Secondary School Anda, Distnct Durg. 2. Shn Marhas, learned counsel appeanng for the pentroner submits that the State has no authonty to pass the subsequent order winch 1s ‘nnpugned herem, without amendmg the wher order caumn pretudlee to the pettitoner , V I ‘ l Shn Thalcur learned counsel appearing for the State/respondem No Ito 5 submrtsthatmvrew ofthe mtemnrehefgramedbytlns " i Court on 17 o9 2009 m SR Kormm v State of Chhamsgarh ' ‘3. / th am G p g & Others’, the petitioner could not be posted at Anda He Met submits that the petitioner therein i.e. S.R.Konam had raked on 31.08.2010 and since there was vacancy on account of his retirement, the h‘esh order dated 09.08.2010 (Annexure P(1)'was passed. 4. Heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto. 5. It appears that the State/respondent No. lto 5 has completely ignored the earlier order dated 23.09.2009 (Anneme P/S) passed in favour of the petitioner. In case, when no order amending the earlier order dated 23.09.2009 (Armexure P/5) has been passed, the enact must be given to the order dated 23.09.2009 (Amexure P/s). The subsequent order i.e. 09.08.2010 (Annexure P/l), as it does not refer the earlier order dated 23.09.2009 (Annexure P5) cannot supercede the earlier order and Iiuther, the order passed in favour ofthe petitioner has not been modified, no etfea could have been given to the order dated 09.08.2010 till the order dated 23.09.2009 is complied. 6. Having regard to the above stated facts md situation of the case, the order dated ' 09.08.2010 (Annemre P/l) in respect of respondent No. 6 is quashed and the State Government is directed to g‘ve ed‘ect to the earlier order dated 23.09.2009 (Annexure P/S), forthwith u 7. Accordingly, the writ petition is allowed with no order asto costs. sw— 5 VSatish K.Agnihotri " Judge , ii’J" V ‘wrrsmo 5329/2009 ' a}t