^ W^La: ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.J*. (S) No. 3 b& ^- OF 2010. ^SIgiSy^'it PETITIONERS NoharDhar Dhruw, S/o. Manjan Singh Dhruw, aged about 50 years, Assistant Teacher, Govt. Priinary School Gurdla Para Pharasgaon, Block - Pharasgaon, District Bastar (C. G.) ^yy^-- - <y':^y 2. Ajay Kumar Nag, -4R'y ^ •^•'' ^, «s ^' i.^ '^ \ 'sS..^ /<i s. ^.'y/ 'S'sfn^/ S/o. Shri K. R. Nag, aged about 42 years, Assistant Teacher, Balak Aashram Amrawati, Principal, Govt. Hr. Sec. School Bijapur (Amrawati), Block - Markdi, District Bastar (C. G.) "•^Y ^'•'iT.SSMSffS"^ VER S U S RESPONDENTS 1. State of Chhattisgarh, Through : The Secretary, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C. G.) fl, ;fc 2. ' Assistant Comraissioner, Tribal Welfare DepartaTLent, Jagdalpur, District Bastar (C.G.; . f^^ 3. Abdul Latif Memon, S/o. Usinani Bhai, aged about 46 years, Govt. Middle School Pharasgaon, District Bastar (C. G.) ^l^ 4. ' Smt. Savita Dewangan, W/o. Abhay Dewangan, aged about 41 years, Govt. Girls Middle School Bakawand, District Bastar (C. G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA i3 T-if- -HC—78 SD^Tq^fe?' TfSff -STT^T %*"!icp 'SST rf||q|^<<^ ®t)ly<ie,H<VII<H^< W.(?ls^^^°^/|o 3?I^¥TTPRT(' ¥'RIFW^f?? SH^T SB : Hon'ble Shri Manindra Mohan IShrivastava. J. 21-07^010 Shri Somkant Verma, counsel Shri V. V. S. Murthy, Deputyl Tekam, Panel Lawyer forthe State orj With the consent of learned heard finally at the stage of admissjor| flor the petitioners. Advocate General with Shri Vinod advance oopy. cfsunsel for the parties, the matter is This petition is direoted ag^ (Annexure P-1), bywhich, petitionere' Learned oounsel for the pe1| promotion order was issued on 26-0^ Teacher whereby juniors of the petf petitioners behind, a petition was filei) was passed on 21-07-2009 (Ani| consideration of petitionere' represen| from the date of receipt of the law. Thereafter, the impugned order| for the petitioners submits that the # No.3 & 4, yet they have been illeg) counsel for the petitionere lurther the nespondents to consider the of deciding representation, by appl^ referred for legal opinion to the Gov^ impugned order was passed as per chl^41l 'W^ff ^f tt11^' '(.f^'^K ^sifimsn^i hinst the order dated 03-12-2009 [representation has been rejected. !B:ioners submits that earlier when i-2009 for the post of Upper Division tioners' were promoted leaving the before this Court wherein an order lexure P-5) issuing direction for tation within a period of four months strictly in accordance with has been passed. Learned counsel etitionere are senior to respondents lly deprived of promotion. Learned though this Court directed of the petitioners, instead ing their own mind, the case was rnment Advooate and thereafter the lis opinion, whioh cannot be said to repr^sentation subtnitted that repi^sentation f^ -w~lsiii ; 1-.,.-...*.,^ u**:^ ' 'Sl-HC- an^i w R-!!* ^R ^^\ ^)^'?ih Tumane if 7=T '<iww<i, QV\WW, f^tiiyy ..^.i.-.^...NX).^4.&?/1.0 3f!^TTI5RT (' wnw^fttisii^T —^_ be compliance of the order dated this Court, in itstrue spirit. A perusal of the impugned| while taking decision on the claim aspects including the faot that the| for transfer to other district, and tl-( their own request, seniority of the| below in the list. Merely because[ Government Advocate before representation, it cannot be said suffers from illegality. The their seniorrty in new district on therefore, the petitioners' grievar|i that they are senior to respondent^ The petition, therefore, has the stage ofadmission. (^T'qf<?l41l *1WCli' ^T f^1^l <f^i^,l< ^affipTsn^r 127-02-2009 (Annexure P-5) passed by order shows that the respondent No.2 tifthe petitioner, has considered various [petitioners beoame junior as they opted tllerefore, on aooount of such transfer, on ^x- Ipetitioners were affected and a legal opinion was obtained from the |taking decision on the petitionere' (hat the impugned order in any manner petitiojiers never ohallenged the lowering of a4count of transfer, on their own request, ;e rests on an erroneous assumption No.3&4. |io merit and is accordingly dismissed at Sd/- Manindra Mohan Shrivastava Judge r-a..