C/C/ k evk V 0) V mgka @amh IN THE HON’BLE EXCEEX CGQEQLQF C_H_I_-IATISGARH AT BXLA §PUR WRIT PETITION (§_}_N_o. (3\%L\ [2009 Q Monika Pradhan PETITIGNER W/o Shri Vinod Pradhal1, aged about 3O years, resident of B—l6, Shankar Nagar, Raipur (C.G.) YERSU§ ESPONDENTS 1./The State of Chhattisgarh Through: Secretary Panchayat Department, D.K.S. Bhawan Raipur (C.G.) 2./Chief Executive Officer, Zila Panchayat, Raipur, District Raipur (C.G.) 3. r/Government Girls High School Charoda, through Principal Government Girls High School, Charocla, Block Dharsiva, District Raipur / (C.G.) Bhupendra Nayak S/o Not known to petitioner Lecturer, Government Higher Secondary School, Mandhar Basti District Raipur (C.G.) PETITION UNDER ARTICLE 22§_0F CONSTITUTION OF INDIA R '2 HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0. 3184 of 2009 : Smt. Monika Pradhan. VERSUS RESPONDENTS : The State of Chhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihogj. Present: Shri Vivek Sharma, Advocate for the petitioner. Shri N.N.Roy, Panel Lawyer for the State/respondent Shri K.K.Dewangan, Advocate for the respondent No. 2. ORDER {ORALg (Passed on 06 day of April, 2010) Learned counsel appearing for the petitioner submits that the petitioner was selected on the post of Shiksha Karmi Grade I, vide order dated 27.05.2009 and posted at Government High School, Ahilda, Block Baloda Bazar, District Raipur. The petitioner could not join the said place of posting and made an application for change of her place of posting and after due consideration, the petitioner was posted at Government Girls High School, Charoda, Block Dharsiwa vide orer dated 18.6.2009 (Annexure P/4) as Maths teacher. The petitioner joined / . the said pla'c'e on 19:6.2009. Thereaher, vide order dated 25.06.2009, the respondent No.4 was transferred and posted as Maths Teacher on the ground of rationalization policy. Shri Sharma submits that since there is only one post of Maths teacher at Charoda, due to transfer of the respondent No. 4 at Charoda as Maths Teacher, the order dated 18.02.2009 (Annexure P/4)" was cancelled on 26.06.2009 (Annexure P/2) and the petitioner was reverted back to Government High School, Ahilda, Block Baloda Bazar. \ \\ \ d __ Shri Shanna further submits that in the appointment order dated 27.05.2009 (Annexure P/3), clause 1 of the conditions clearly provides that the posting of a candidate would be for a particular school for a period of two years on probation. Thus, the impugned order dated 25.06.2009 (Annexure P/l) and 26.06.2009 (Annexure P/2) are bad in law. Once the order dated 18.6.2009 (Annexure P/4) has been given effect to, the same cannot be cancelled. 0n the other hand, Shri Roy and Shri Dewangan, learned counsel appearing for the respondent No. l and 2 respectively, submit that the petitioner has been transferred on account of administrative exigency. However, there is no response to the averments of the petitioner that once the order has been executed, the same cannot be cancelled and further, the petitioner is appointed to a particular school initially on probation for a minimum period oftwo years. Having considered, all the aspects of the matter and rival contentions of learned counsel appearing for the parties, perusal of the pleadings and documents appended thereto, it is crystal clear that the condition No. 1 of the appointment order dated 27.05.2009 (Annexure P/3) specifically provides that the appointment would be for a period of two years in a particular school and there would not be any change in any condition. Secondly, a change was made in the posting of the petitioner by order dated 18.6.2009 (Annexure P/4) from Govemment High School, Ahilda to Government Girls High School, Charoda, Dharsiwa. Pursuant to that, the petitioner also joined at Government Girls High School, Charoda on 19.06.2009 (Annexure P/S). The subsequent order dated 26.06.2009 (Annexure P/2) is contrary to the terms and conditions of the \ \ appointment and further once the order has been executed, the same cannot be cancelled. In the meantime, Vide order dated 07.07.2009, passed by this Court, the petitioner has continued at his place of posting i.e. at Government Girls High School, Charoda. For the reasons mentioned hereinabove, the impugned order dated 26.06.2009 (Annexure P/2) cancelling the order dated 18.06.2009 (Annexure P/4), and the order dated 25.06.2009 (Annexure P/l) so far it relates to posting of respondent No. 4 at Government Girls High School, Charoda, are illegal are accordingly quashed. The petitioner shall continue at his place of posting i.e. Government Girls High School, Charoda, till completion of her probation period as per clause 1 of the conditions of appointment order dated 27.05.2009 (Annexure P/3). Accordingly, the writ petition is allowed. No order asto costs. Amit ii .3 . Sd/_ 5 Satish K. Agnihotri' r i Judge