IN THE HIGH COURT OF JUDICATURE AT^ILASPUR CHHATTISGARH. W.P. N0. 2-3 z^ OF 2001 PETITION^ER RESPONDENTS (T,^^•t@r~ •••*'>' ,/-..••' -^-^^ >^^y" .'">v K'- 0»-:^> Smt. Chandra Prabha mishra, W/Q Sri Gopa! Mishra, aged about :54 years, presently working as Assistant teacher ,Govt. Giris Higher Secondary school, Raigarh, (Chhattisgarh) Versus^ The State Administrative TribBHa! Bench at Raipur.(Chhattisgarh) 2. State of Cfahattisgarh, Through : The Secretary Department of Scbool Education , D.K. Building , Raipur Chhattisgarh. 3. The Commissioner, BUaspur , BUaspur Division, Chhattisgarh. 4. District Education Officer Raigarh, District : Raigarh . (C.G) /' 1.^ 0> •!S".\ "<i RIT PETITION UNDER ARTICLE 22^27 OF THE CONSTITUTION OF INDIA 1111 ^ltK 1. particulars of thePetitioner As mentioned iii t6e cause title above 2. Particulars ofthe Respondent II tl T XI-HC-22 sn^r'^r i??3IT^T 9?s[W^ifg'tf 's^ •^ww'i, o'al-a'ic, facti<Hy . y,f-^-^2>(!-<X./,6| ^ 311^1 TRHwalta DB: Hon'ble Mr. Justice & Hon'ble Mr. Justice 7.12.2001 Petitioner bv Shri i^.A.Shishak,C.J. i*aKhruddin,J. State byDr.N.K.S Shri Gautam Bhaduri, Gbvt Heard finally with ofh.er connected matters It is pointed out ths 2001 ( Ghhattisgarh T] Saneh Vs. State of Chl Bench of fhis Court h, also passed orders in th^ After passing of th( fhis Coiirt some of th^ Qovt./coinpetent authoi| some have approached the order. ^>T^4tl 'RT^f ^ fe^ Tf^f^K ^ aipgi? CT^I P-Yc^kct^-^-t^^, ^4 ^. iikla, Deputy Advocate General with :. Advocate. ^ie consent of the parties along with |analogously. ».tearlier in Writ Petition No. 1343 of ratiya Warg Shaskiya Kariaachan lattisgarh & others) leamed Single |^d passed order on 20.8.2001 with some observations. Lear|aed Stngle Bench of fhis Court has petitions ffled by the individuals. e orders by leame.d Suigle Bench of petitioners approacl^ed the State ity by making representations and tlhe Com.missioner as was directed in [T^^M XI-HC-22 3Ilt?!qi1' 'Rara's'itc ^TT^^T?^ 'S^ ^nw^, aial+f'is, fawi'yy U.P. \"^i.a'a<2-'2//oi ...................^ iss^sf SIRSI's^nwa^d Feeling aggrieved representations some Administrative Tribuna] |of fhem approached ffae State by fliing Original Applications. (rative Tribunal passed individual orders in each ofthe peti^ion. Against the order passed by fhe Learned State Adniinis State Admuiistrative T^ibunal the petitioners have filed petitions before this Coutt. and posting of teachers posting by which soine o^ is of fhe month ofJuly 2(|)01 in absence of teachers. schools there is no teacl]) ^C^B one teacherf hence no ^ cbf^ta41'T Tn^i^' ^ T^^ <^i'^,i< ^? 31)^ aiif^i by the decision on their The matter relates 1)o policy .of rationalization of transfer jaf Priniary and Middle Schools. The education session is go(ng on. The order of transfer and fhe psrsons/teachers are aggrieved . Froia that tune the teachers are Utigating in Courts, the ^ducation of the students is affecting Dr Shukla submits that in some ijer and in some schools there is only t^aching is being camed on and the [Tf^ ^a^ 3 XI-HC-22 sn^r^i Sf^V '^v^ yi?a ^ 'S'^-^NIWI, 8)Tll<1<IS, ('IWi'My U.P. ^^.^1-%^^CT^ 311^1 TCiIWHftd transferred teachers sholild join at their place of posting so that interest of the stude|ats, institution and petitioners niay be safeguarded. We have given our aspects of the raatter. I institutions and petitioni scrutuiized and that the |fhoughtful consideration on all fhe ^i fhe best interest of the students, interest as weU as in fh^ State, no case for iaterfeit Having thus consid 2001 at thetr respective fso in order to know the i <=bl^Jif'rT '^F^ff ^ "fet^t <^!1'^.1< ^?3lf:W3II^I TS whose cases have alreadv been transfer being exigency of service, the rationalization is bejng carried on in the larger public interest of education tn this tribal ence is made out at fhis stage. :red fhe facts and circuiustances of the case it is just and prjsper that a direction be issued ihat those who, includtng fh^ petitioners, have not joined'their place ofpostuig tojoin iiijimediately latest by 15th Decem.ber, riilace of posting, work for a month or yound realities and situation and if [Tft^ ^a^ XI-HC-22 sn^r^ii 'r?:iW3ii^ '^lt^^f^^T ^ "ai-c- A 4 ^51 •*l]<<ICI<i, »'!ll«'16,fs|CII.H^<. u. H t^. •a-'b^'z/.tTl 311^1 ?^iIWfflt<t thereafter certain difficult open to fhera to inake documents to fhe State .^es/probleins do arise then it will be ^. representation with details and approach fhis Coiirt foij difficulties as the transfer/adjustment. Certified copy, as pe Sd/- ChiefJustice ...—^i-S^ chl^i^i<i1-1 *iW^ ^ ^^ •[f^l-^(< ^'aiPgtisn^i Govemment and if required may redressal of their grievances or may warrant including sltiuation With the above dire<jtion this petition is disposed of. A copy of this or4er be placed on record of olher connected niatters. k- Rules. n [\ Sd/- -==( Fakhruddih Judge [1[ftiT^f^i^