) g CfWI/ f5 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR [CHHATTISGARHI WRIT PETITION No. 3 l ‘7 4~ /2oo3 PETITIONER Gour Singh Diwan, son of Shri. / .n’i x .. years, Chatur Ram Gram Diwan, Sahayak, aged about Gram 38 ' ' Block Panchayat Chhura, Saragaon, District Post Rajpur Dulla, (Chhattisgarh) / / WRIT PETITION UNDER ARTICLES 226 2%; OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN THE NATURE OF MANDAMUS CERTIORARI ORDER ORDERS DIRECTION l DIRECTIONS PROHIBITION ETC. / ’/ > 5.; J VERSUS RESPONDENTS 1. The State of Chhattisgarh, through The Secretary, Department Panchayat and Rural Development, Dau Kalyan Singh Bhawan, Mantralay, Raipur (Chhattisgarh). ’ 2. The Joint Director, District Panchayat and Social Rajpur (Chhattisgarh) The Collector, District Raipur (Chhattisgarh). 4. The Chief Executive Officer,>Janpad Panchayat, Chhura, District — Raipur (Chhattisgarh). XI-HC—22‘ 2 1—1 1—2003 Shri P.P. Sahu, counse! for Th a peTi‘E‘ioner. Dr. N.K. Shuklu, Addl. Ad‘locafe General Takes nofice for responden+s 1 ‘ro 3. By This peTh‘ien filed under Ticle 226/227 6f The ConsTiTufion of India, fhe pe‘rifioner has chall hged fhe order- dafed 22-9-2003 passed by ‘rhe Depu'ry Secretary, nchaycn‘ and Rum! Developmen‘r DeparTmenT, whereby The peTiTion r’s services has been Transferred from The village PanchayaT Saraga , Block Chhur-a, DisTricT Raipur To DisTricT DanTewada. The peTiTioner was appoinTe es 6mm Suhqyak cn 16-11-1987 and since Then he is serving on The aid posT. The peTiTioner‘s service is governed by The PanchayaT a r / Rural DeveiopmenT Clause III (MinisTerial and Non-minisTerial) vice RecruiTmenT Rules 1992 whereby‘The senioriTy is mainTaine disTricT wise, and Therefore, The peTiTianer's services is' Transferab o r wiThin The disTricT only in order To mainTain disTricT wise senioriTy. nTrary To ThaT respondenT No.1 had Transferred The peTiTioner‘ am DisTricT Raipur To disTricT DanTewada. The peTiTioner's elder daughT r is sTudving in class-4 and son is sTudying in class 3, Therefore, This rder will affecT The educaTion of The children adversely and The ransfer has noT been made in/r/z/ /‘ / ekL‘.’ . a o n l V XI—HC—22 adminisfm‘rive exigency‘ If has been made under fhe poli‘ricai pressure, Therefore, fhe impugned'c rder be quashed. I have heard the learned couv sel for the par'ries. Learned counsel for fhe pefiTioner submi'rs +ha+ 1'he senioriTy of The petitioner’s service is main‘min d distric‘r wise and, fherefore, he canno‘i' be fransferred ou‘i‘ of fhe sfric'i' and fhe same will affec‘i' fhe senioriTy of The peTiTioner, Theref re, he may be allowed To make a demiled represen‘ra'rion agains‘r . e impugned order 'l’o which The learned AddiTional Advoca‘i'e Genera has no objecTion. Having heard ‘ihe learned c unsel for fhe par‘ries and having regard 1’0 fhe fac‘i's and circumsfa ces of fhe case, fhe pe‘rifioner is allowed +0 make a defaiied represe fa‘iion raising all his grievances 1’0 respendem' No.1 within a period 5 days from Today and in Turn respondenT No.1 will consider The r presenTaTion of The peT'iTioner and afTer considering all his grievance shall pass reasoned order in an objecTive manner wiThin a period 3(lpldays from The daTe of receipT of The represenTaTion. ’ If The peTiTioner has already noT been relieved from The posT Then he may be allowed To conTinue i’ill The represenTa'l'ion is decided. / WriT peTiTion is disposed of accordingly. his éfaa XI—HC-22' ‘ Wm . .....................................W 200 ..............................................m ................................................ WW wm Wmm a3 ‘ aiaaf-awm consequenHy, M.(w.)P. No. 2896/2003 and LA. No. 9344/2003 also smnd disposed of. Purfies are enfi‘Hed far Citr‘rified copy of fhis order. ’ ‘ ‘ Sdl— i L.c.BHADoo f Judge ‘