/<s^\ IN THE HIGH COURT OF 3UDICATURE AT BILASPUR rCHHATTISGARHl W. P. N0^ f' OF 2005 PETITIONER Vijay Tiwari,S/o Shri Kamta Prasad Tiwari, age 49 years Physical Training Instructor, Shaheed "Nutan Soni Govt. Secondary School, Ratanpur R/o Bhedimuda, Ratanpur, Tahsil Kota, District Bilapsur (Chhattisgarh) •^ VERSUS RESPONDENTS ~r~7^. . n ^l ^-d^ '.^"y z.U-'- .^"\^-"^^ l&itto. ~"s£%i!SSIS~ •'•^g3^ -^' State of Chhattisgarh .Through the Secretary, Department of Education, Mantralaya,Dau Kalyan Singh Bhawan,Raipur [Chhattisgarh] Directorate of Lok Shikshan Chhattisgarh, Raipur (CG) 3. District Education Officer, Bilaspur (Chhattisgarh) 4. State of Madhya Pradesh ^-'^ / 5. / Through Secretary, Deptt. of Education, Vallabh Bhawan, Bhopal, (Madhya Pradesh) Directorate of Lok Shikshan Madhya Pradesh, Bhopal (MP) Shri M. R. Yadav, District i Sports Instrurtor, Raigarh, Distt. Raigarh (Chhattisgarh) Shri A. R. Kaiwart, District Sports Instructor, Dharamjai Garh, (Chhattisgarh) ^. WRIT PETITION UNDER ARTICLE 226/227 OF THE CQNSTrTUTION OF INDIA FOR ISSUANCE OFJWRIT IN^NATURE OF MANDAMUS PROHIBITION_AND OTHER SUITABLE WRIT OR WRITS. DIRECTION_QR DIRECTIONS. ORDER OR ORDERS: ^•~ I/. X[-HC-78 \dCT|.^|<<lrt«,UTn'<-t<l<»,firtlf'iy'; w^^m^ ^--^6^ W^ 200 atl^CTtlTiferttp ?T8n3D^?TiPWIi ai^ST IR'P (^C|(j6|<£;) s^nsR^flaan^sT codie Shri Sanjay K. Agraw^i Shri Bhaskar Pyasl, No.l to 3. Hecrd both the coun^ The petitioner's Instructor since 1981 imd hl list pubiished by the Joint the ostltioner was at 5. N< whereas the names of resoiti No,7 was at 5. No.47 and Respondent KSo-6 wss appoiiJ! appoinTed on 5-10-85. They| sel ror the p( yanel Lawyer for the otate/respondents sf the petitioner. When ths eonsideration of the P/7) to the Dis+rict Educati| his request vide Annexi^ oetitioner's name has been i| corssidered for ordmotion onl respondents are not pdssing Learned counsei for ars air'eady iying vacantand 'ni<ifn<I1i <ii*ip)V^'l5'<l <|uitci-< ^aff^T.MI^ST o4ndent Ttl ppoji|!ted |e is that he is workinq a3 Phy'Sica! ^ is not being promoted. M per seniority iirector (Education) Biiaspur as on 1-4-96 o.31 as he wcs appointea on 22-10-1981 No.6 was at No.34 and respondenT Iney wer®appointed' after th®patitioner. (ited on 1-2-82 and r-espondent No-7 was have been promoted by passing the claim sstitisner's name was left ou* frow the i, he made a representation (Annexure- ibn Officer and he immediatelv forwarded tre-P/5 mentionina therei" that •i+ie ^fr out, •ttierefore, The petitioner n'iay' be the post which is lyinq vQccnt, eyen •t^ien tiny order. pie petitloner submitted that the posts ths pstitions" was Isft out for no rsason ^wcT 'nqi'yirt<i,y-(Tl'<-i'lis, Rrti<(-iy< *ll*ini ^TT^ sn^niCTl^wi) aaiTSD^STsRWR Bas-ys 3IT^9T tR?P('jc<(jc|^) ^200 and luniors to him hov4 circumstances, the Detiton^ rspresentQtl" to respondenl] "epresentation of the pe"} resoondents No.lto 3 has no| Havinq heard learned the records and aiso tookind counsel for The petitioner »i|i th®petitionsr is aiiowed to| uStr resoondent No.2 wiltiin a ue respondent No.2 will deeid^ i.41]thin Q per'iod of one me representation attsr pstitionar i'" an objectivs n\ar\ With tiie direction afol Parties ars entitisd fo'1 cp(<iI«<i1Tl*ii*icl>T^fF^l<rltRitci^ ^aiRlqgii^sr besn promotsd, ;therefore, 'm the jr may be allowed to make a detailed No.2 and he be directed to decide ths titioner' to whieh iearnsd counsa! for- lo.OiecTion. 4:ounsel for the petitloner, havinq perused to the limited request made by learned (hich appears to be just cnd reasonabie, sake c dstailec! reoreseritction bsfo"® •iod of 15 davs troiTi todcrv" and in turn l^ the represento.tion gf the petitioner lr.th fr'onii ths datc of r'sceiDt of 'ri1s 4Jering ali the. points raised by the ine" in aceordancs w!th law. •(•esaid, ti-ie petition stands disposed of. csrtified copy of this order. Sd/- L.C. Bhadoo ie consikierin