PETTHONER RESPONDENTS J^-^k^ \^.:-i~Ke^ ''^••\^- '.^)^-^'^ •.^^€6{^ vA~ ^'y:..: ^'^/>"": ''^' y *%* APPRORRIATE i^^^^^^^^i-^ Q^- \ ^^- lNTHBJII(m?COURTOiFCHHAmSGARHATBILASPUR W.P. (S) N0.!; i$fi'2< 72009 CKirkut Ram PaUe S/o Shri Bikal Ram Patle, Aged about 53 years, Occupation - Service, Posted as Lecturer Higher Secondaiy School, Shivatarai, Block Kota District Bilaspur, • \ C.G. VERSUS -1. The State pf Chhattisgarh through fhe Secretary Education Department, DKS Bhawan : ;Raipur.G.G. , 2. The Secretary, Tribal •Welfare Deparfaiient, DKS Bhawan . Raiipur ....'e.G.:';,.., • •,:1 .. :: •:. : •, Commissioner, Scheduled Qasfe •alnd ScfisduIeA Trihe Deyelopment Department Raipur C.G. District Education officer, BUaspij.ir Collector (Tribal Development) BilaspurDista-ictBaaspUTC.O. f • WRIT PETITICUM UNDER ARTICLE 226 OF TME ^ONSTiTUTION OF INDIA FOR ISSUE OF IN THE NAtURE AN OF xx': -g^ •B(^RTq, •^gtw%, iqcii'H'n: A^.j?.:£2..K'i.-...£.&.^/.^ wifepiN •wnff4^s <r<<^i< ^i'attmsn^! sn^t^ift'iN; Tiairsii^iwmi 88 : Hori'ble Shri Manindra^SVIohan S Shri Rakesh Pandey, counsel forl Shri Vinod Tekam, Panel Lavyj the petitioner. 'er for the Stat&'respondents on advance copy. Heard. It is submitted that the petitM Assistant Teacher in Tribal Developr| petitioner was sent on deputation to Sf while vvorking on deputation, vji [Annexure P-3), ser^ices of the petit Education Department from the date of however, an order of promotion wa: Commissioner, Tribal Devetopment, Ra! respondent-Collector vlde impugned on sner was initially appointed as ient Department. Laier on, the ;hool Education Department and iie order dated 02-09-2009 sner were absorbed In Schooi (lis deputation. On the same day, ^ issued by the office of the ijsur (CG). Pursuant to v'/hich, the <^er dated 27-10-2009 (Annexure P-1) has issued posting order of the p^itioner in the Tribal Department itself. Submisston of learned oounsel for| )een absorbed in the Schooi Education 0> urisciiction and authority to issiie impij ^Annexure P-1;.'lt is also submitted a rejpre: :he Commissioner,. Tribal Developme| inomalous situation arising out on acccjunt ;assed by the Collector, but the same has :he petitioner.is that once he has spartment, the Collector had no igned order dateci 27-10-2009 presentation has been made to pt, Raipur, C.G. highlighting lunt of order dated 27-10-2009 not yet been decided. '[-(iS'IW —FS/ri7—2/2010 —1,00,000. K ^•"evl%^ ^fe 1 t. "Tj J %!-..-.y / '^•^"^' '''^s^^3'" ^ST -aTO1?ra, ^ftWTS, fs<d 1< _,, (^.?,CC.; r^,&62?A<^5' sn^! 'TW Cyi^^i) 311^1 Tl ft(-t WT SH^T sh*)N* dt' ^..; ;?• Tumsne 's^iiwsto sn^i •2-- Dep^rtm On the other hand, submiss respondents is that once the servlces] the Sohobl Education Department videj P-3), the parent department/Tribal order of promotion dated 02-09-2009 that order of posting dated 27-10-2(; promotion dated 02-09-2009 (Annexij order dated 02-09-2009 cannot.be give In view of the stand, which js their retum, respondent-Commissionej take appropriate decision on the repr period of one month from the date of| pass necessary orders in this regard. the petitioner's representation, interir} order dated 12-11-2009 shail continue) With the aforesaid obser^ation, ^T1!^1^'? ^N??f -^ 1^!^ '<{^R^.r< ^3 iion of learned counsel for the |of the petitioner were absorbect in lorder dated 02-09-2009 (Annexure ient had no right to issue either t?r the order of posting. It is stated 109 (Annexure P-1) and order of re P-2) in view of the absorption n effect {o now. taken by the respondents/State in (, Trtoal Development, Raipur shal! ^sentation of the petitioner within a receipt of a copy of this order and [Till passing of appropriate order cn re'iief granted by this Court vide jthe petition is finally disposed of. Sd/- "tManindraMohan Shrivastava Judge g!it