^6- \ffrf ySi@A^t" @ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (Sl N0. ^^Z6 /2009 PETITIONER ^ Malik Singh Netam S/o Late Shri Chandan Singh, Aged about 52 years, Occupation - . Service, Lecturer Higher Secondary School, Shivatarai, Block Kota District Bilaspur,C.G. VERSUS RESPONDENTS /<[. The State of Chhattisgarh through ^Sff ..'•' ^"> ^e'-~ ^v- ^O.. ..'•^ ?/^ \* A^' ^ the Secretary Education Department, DKS Bhawan Raipur C.G. 2. The Secretary, Tribal Welfare Department, DKS Bhawan Raipur C.G. ^3. Commissioner, Scheduled Caste and Scheduled Tribe Development Department Raipur C.G. 4. District Education officer, Bilaspur y5. Collector (Tribal Development) Bilaspur District Bilaspur C.G. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUE QF_AN APPROPRIATE WRIT IN THE NATURE OF k- -HC—78 sn^i'wftqB- Wlsn^g^jq? ^°?^raRPT.-s^Tre, f^frey •^..L^..'^>:..e:h^(?l':iw3 3n^?i'q°Rr(- wmre^ftwan^i *l^<fl-f w^ ^ fe^ tfsre^ ^; affiw an^r >B : Hon'ble Shri Maniridra_Mohad_Shrivastava,»i, l-08-2010 Shri Rakesh Pandey, counseljfor the petitioner. Shri Vinod Tekam, Panel L^wyer for the State'respondents on advance copy. Heard. It is submitted that the Eletitioner was initially appointed s.s Assistant Teacher in Tribal Dev^lopment Department. Later on, the petitipner was sent on deputation |to Schoo! Education Department and while working on deputation vide order dated 02-09-2009 (Annexure P-3), ser»'ices of the ] petitioner v»ere absorbed in Schoo! Education Department from the da|:e of his deputation. On the same day, however, an order of promot!ot|] was issued by the office of the Commissioner, Tribal Developmer^t, Raipur (CG). Pursuant to whicFi, the respondent-Collector vide impugr^ed order dated 27-10-2009 lAnnexure P-1) has iss.ued postlng order ofjthe petitioner in the Tribal Department itself. Submission of 'earned couijisel for the petitioner is that once he nas been absorbed in the Schoo! Edu{;ation Department, the-Coliector haa no jurisdiction and authority to issjje impugned order dated 27-10-2009 (Annexure P-1). 't is ateo submited a representation has been made to the Commissioner, Triba! Dsl/etopment, Raipur, C.G. nighlighting anomalous situation arising out|on account of order dated 27-10-2009 passed by tly Collector, but the ^ame has not yet been decided. ^^^<^C-78 ,rf^"' sn^i^l^RT wnan^ranw ^•^1.'<<1<1|C(^, ®Tl1y<|<o,faft-lly^ ^^^^.^.^^w/^^^ 3tI^!W'T??i' (1^<[^«1<^EI) t^iniT'dtosn^i ^^ On the other hand, subm respondents is that once the servic the Sohool Education Department vi P-3), the parent department.Tribal q order of promotion dated 02-09-20( that order of posting dated 27-1Q| promotion datsd 02-09-2009 (Ann order dated 02-09-2009 cannot be d !n view of the stand, which their return, respondent-Commissiot take appropriate decision on the r^j period of one month from the date| pass necessary orders inthis regarf the petitioner's representation, int^i order dated 12-11-2009 shal! oontinji With the aforesaid observatii))i m<lt<l<Il-l iwcif'if fS^t l^reg^ ^sffin sii^i ission of learned counsei for the fes of the petitioner were a&sorbect in |le order dated 02-09-2009 (Annexure ipartment had no right to issue either [9 or the order of posting. it is stated h20Q9 (Annexure P-1) anci order ot ^xure P-2) in view of the absorption liven effect to now. is taken by the respondents/State in ler, Tribal Development, Raipur shall )resentation of the petitioner within a of receipt of a copy of this order and Till passing of appropriate order on rim retief granted by this Court vlde Tumane n, the petition is final!y disposed of. Sd/- Manindra Mohan Shrivastava Judge r