«< t£BKHCH INTHEHIGH COURT OF CHHAmSGARH AT BILASPffl WRIT PETITldN N0. ^S^ OF 2006 . PETITIONER ^^5' ^^" Q^ ^^•'^"'°^" ^•'^'"^" '^y'" 'Vijay Kumar Kumbhkar, S/o Shri Khorbahra LaL Kuinbhkar, Aged about 46 years, Assistant Teacher Posed in ( Girls Middle School) Government Higher Secondary School Pandariya, District Kabirdham, (C.G.) VERSUS RESPONDENTS 1. -CW-ASPUB^ ^f^T0''-3' State of Chhattisgarh, Through: The Secretary, Education Department, DKS Bhawan Raipur (C.G.) The District Education Officer, Kabir Dham, Distt. Kabir Dham, C.G. The Principal, Government Girls Higher Secondary School Pandaria, District Kabir Dham (C.G.) WRIT PETITION UNDER ARTICLE 226JOF THE CONSTITUTION OF INDIA FOR ISSUANCE OF AN APPROPRIATE WRIT IN THE NATURE OF MANDAMUS/CERTIORARI ETC. OR DIRECTION/ORDER IN THE LIKE NATURE ETC. XI-HC-78 HI+1CTI ^<Tld» 3^'BIPn?PT, yJlu'lS, I°ldwy .C0..^-^1'?g?-l ^ 200 4 3<1^<'1 MS(<»(i{cit^s|<,'iT) 3fI^T5|iT^iqi tiqTSIt^lskKi* waTW;afer3n^T •shl'!|tfl41-1 t|l>lcfl'ff['S'<Il <R|W;K ^isri^iran^T 29-6-2006 Mr. Rakesh Pandey, counse| Mr. A.S. Kachhavraha, Govt advance copy. Heard. The main grievance of the 226 of the Constitution of india, it junior teachers to the petitioner even then the petitioner has been Annexure P-3, ciause 5 of which in any school the junior most transferred to other schools. The cas®of the petitioner) Teacher on 5-1-1982 and as per| strength of Giris Middle School, P^ guidelines regarding surplus teach^ are number of teachers junior to| declared surplus, whereas, the contravention ofthe guidelines issu) forthepetitioner. . Advocate for the State/respondents, on jsetitioner in this writ petition under Article that in spite of the fact that there were vjorking in Giris Middle School, Pandaria, (peciared surplus confrary to the guidefines ^nvisages that in case of surplus teachers Ipersons wil! be declared surplus and P^ndaria Learned counsel for the peti \«^tfS^^-*-. may be cfes&d to make a represerltation be directed to decide the General has no objection. Having heard iearned couns^l facts and circumstances of the cas^, the petitioner is just, fair and reaso(iable. to make a representation to respo^dent is that he was appointed as Assistant the certificate Annexure P-2, sanctioned is there. Respondent No.2 issued 4ra, copyofwhich is Annexure P-3. There the petitioner and they have not been [tetitioner has been declared surplus in i^d by respondent No.2. (ioner submits that therefore, the petitioner to respondent No.2 and in turn, he to which learned Deputy Advocate represehtation for the parties and having regard to the ^, the prayer made by learnedcounsel for i. Therefore, the petitioner is allowed No.2 within 10 days from today, in •^' -, XI-HC-78 'JSl^VvPf, »Tfl(1'l(S, Rctlti^ *<T*T?fTSh*1ieh <<3. 0^&-J•V^ 200^ 3<l^l *<a<»(*icli^<!|<^T) sn^T^rR^i'sb tWrsrRTTs.h"!* Soma Sl W(I7gTflf?(T3ncS?T 2-+- turn, respondent No.2 shall decid( days from the date of its receipt, in| him, in accordance with iaw, afl^r petitioner and till then the petitiotier reiieved. With the direction aforesaidj In view ofthis order, M.(W.)fl>. Parties are entitled for certifitd »l<ircl41-l*<11Ml'tT6l<fl <R|«^K ^srf^iTsn^r t the representation within a period of 30 accordance with the guidelines issued by considering the points raised by the shall not be reiieved, if already not e petition stands disposed of. P.No.2354/2006 also stands disposed of. copyofthisorder. Sd/- L.C.Bhadoo Judge ^