e -S-v0 ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) WRIT PETITION N0. ^^6 /2004 PETITIONER »^^ .^^€^\" ,^'^~ VERSUS 1. 3. 4. G.S. Mandavi, aged about 39 years, son of Shri B. S. Mandavi, Assistant Grade II, Department of Tribal, Qtr No. 4, Block Colony, Nayapara, Jagdalpur, Distt. Bastar (CG) State of Chhattisgarh, through, the Secretary, D^partment of Tribal Welfare, Dau Kalyan Singh Bhawan, Raipur, Chhattisgarh. The Commissioner, Department of Tribal Welfare, D.K.S. Bhawan, Raipur (Chhattisgarh) The Collector, Jagdalpur (C.G.) The Assistant Commissioner, Tribal Welfare Department, Jagdalpur (Chhattisgarh) WRIT PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA. 1950 FOR ISSUANCE OF WRIT IN THE NATURE OF CERTIORARI, MANDAMUS ETC. AND FOR APPROPRIATE ORDER / ORDERS. DIRECTION / DIRECTIONS. 4. XI-HC—78 NSH^IT^Piira? ^^ '^Tqi^PT, ^tliy^, ftd!^l|,< »^.hj.:..^...^%.2fi ^?T XR^ (^f3®I^) W^T'^T'^teW ^^T3^?^^ral ?^fWWi^^-Rt?I miemm On a mention being made, th< Shri Avinash Mishra, counsel Shri V.V.S. Murthy, Dj State/respondents. Appficatlon IA No.6159/200< Heard. The petitioner. Assistant Grs this petition against the order date^l transferred from Jagdalpur to Keshks ^ Learned counsel for the petil been transferred from Jagdalpur to no vacant post of Assistant Grad^ pet'rtioner has been transferred. Hejl tribal and the transfer order passe transfer policy- Annexure-P/3, whicf to the Scheduled Caste and Schecfluled one place to another in a short int^r that inspite of the fact that nearly 1! category are already performing th^ petitioner has been disturbed, he h^s in flagrant violation of the transfer also submits that the petitioner hasj place of posting. Learned counsel petitioner may be given an opportu| %qfe^ -qs-q^ -^ fs%f ^f^?? ^^1W 3^T 1 case is taken-up. For the petitioner. Advocate General, for the Iflled for urgent hearlng is allowed. |de-ll in Tribal Department, has filed 13-08-2004, whereby he has besn il. tioner submite that the petitioner has |<eshkaJ ignoring the fact that there is •II available at the piace where the jfurther submits that the petitioner Js a |d by the respondents is contrary to envisages that no person belonging Tribe should be transferred from Irval. Learned counsei further submrts >-20 persons betonging to the general duties at the place from where the ls been transferred to Keshkal which is ^olicy Annexure-P/3. Learned counsel |not yet been relieved from the present Mrther submits that for the present the lity of filing the deteiled representation T"~ XI-HC-22 ^Tr^r^T f<vii<=h 371^1 s»»^ict»^tia ^" :'N ^ + ^ 's^ <r^i<4i<n^, ^-d1y4R, fa<rtl^^< Hi^di WHI<^ 3TTt?T 'q^^ ...M:t...:^.o:.....^-^, "^^' ^Ti^T ^<ITW Trft^ -2-- acco^dance with before the competent authority ^ considered on ite own merits in Having considered and witti merits of the case, in the opinion served if a direction js given t^ representation raising hjs grievance^ respondents along with a copy of days, and on sych representation the respondents shall decide the s| with law as eariy as possible prefer^bly receipt of the representation. Since,! petitioner has not been relieved s|3 consideratjon of the representation. still remains, With the aforesaid observatiohs, the stage with libertyaforesaid. Consequently, M.W.P.No. Certified copy as per rules. the petitioner may avajl|the remedy availabte <=bl^fa41:wl 'HPR^T^ 1^1 ^I^R ^ ^m %^Ii the respondente, which shall be iaw. lout expressing any opjnion on th@ |of this Court, ends of justice will be the petitioner to make a detailed before the competent authority of the |the petition and this order, within 10 jieing fited, the competent authority of ime on its own merite in accordance within six weeks from the date of jaccording to the learned counsel, the ib far, he be allowed to continue till It is made ctear that if any grievance underthefaw. >, this petition stands disposed of at 24^6/2004 also stends disposed of. •/^ ——_-.—__^^ Sd/- Fakhruddin Judge [Tft^ y^