$§Wg §E§s§ma Q‘%((s9©(/l@/ IN THE HIGH COURT OF CHHATTISGARH AT- BILASPUR WRIT PETITION (S) No. H ’2” g5 OF 200§ PETITIONER : MOHAMMED RAFIK, /*’ AGED SHIKH - MOHAMMED 53 YEARS, UMER AT — MIDDLE SCHOOL, PALI, BLOCK — PALI R/O NEW Bus STAND, PALI, DISTRICT — KORBA, (C.G.) POSTED AS — U. D. T. VERSUS RESPONDENTS : z 1. STATE OF CHHATTISGARH, THROUGH - THE SECRETARY, DEPARTMENT OF SCHEDULE TRIBE & SCHUDULE CASTE . DEVELOPMENT, D. K. S. BHAWAN, RAIPUR 2. THE COMMISSIONER, DEPARTMENT OF SCHEDULE A TRIBE & SCHUDULE CASTE DEVELOPMENT, CHHATTISGARH, H.,Q. — PT. R. S. U. CAMPUS, RAIPUR /-3. THE COLLECTOR, ‘ TRIBAL DEVELOPMENT DEPT. DISTRICT — KORBA (C. G.) a‘ Writ Petition Under Article — 226 & 227 of Constltutuon of %Indla for Issuance of writ In the nature of mandamus or égéi suitable dlrect|on or dlrectuons, order or orders etc ML . P M (2y @ XI-HC-78 @ 3am, W, . awélgé .. WW m: 200g WW(W) mmm awanéwm WW§WW $Wm Wai‘gam \4 14-8-2006 Shri V. Deepak Rao, Adv cate appears on behalf of Shri R.K. Kesharwani, counsel for the petition r. Smt. Anju Ahuja. Deputy G . Advocate for the Statelrespondents, on advance ccpy. Heard. By the instant petition, the petitioner has chalienged the transfer orders Annexures-Pn and P/2 da ed 6‘” July 2006 and 7’“ July 2006, respectiveiy, whereby the petition r was initially transferred from Middle School, Paii to Baiak Ashram, dgaon and thereafter he has been transferred from Middie School P i to Primary School, Chitakhol, Block Kartala, District Korba. The main grievance of the p titioner is that in the AnnexureeP/z the place for which the name of the etitioner was included at S. No.144 pertains to the Assistant Teacher whereas, the petitioner is an Upper Division Teacher and he has bee transferred to Primary School where \ r. Upper Division Teachers cannot e transferred. The petitioner can be transferred as a Head Master only. Therefore, the apparent mistake has appeared in the transfer list. Counsel for the petitioner ubmitted that the petitioner may be allowed to make a representation t respondent No.1 and he be directed to decide the same, to which couns lfor respondentshas no objection. Having heard learned coun l for the parties, having regard to the facts and circumstances of the ca e and without expressing any opinion on the merit of the case, the pe tioner is allowed to make a detailed representation along with a copy of his petition to respondent No.1 raising ail his grievances within a period of 1O days from today and in turn, P.T.O. XI-HC—78 3aW,m,W Wm o0¢o..oo.‘ o‘oocoooo.' 200 g1 mm(W) aqw§9harérm ‘ WW mwh‘ §wW am 311%m WWIWm “j“ ' a; 311%: 311w E; . respondent No.1 shall decide the 'epresentation of the petitioner within a period of 30 days from the date of receipt of the representation, after considering all the poinis raised by the petitioner, in accordance with Iaw. in themeantime, the effect and operation of the impugned orders‘in respect of the petitioner shall remaiin stayed, till the representation of the petitioner is decided. With the direction aforesaid, the petition stands disposed of. Consequently, M.(W.)P. No.15290i2006 also stands disposed of. Parties are entitled for certified copy of this order. Sd/- L.C. Bhadoo Ban/e r Judge I d P.T.O.