HIGH COURT OF CHHATTISGARH : BILASPUR Writ Petition (S} No. 2049 of2009 Petitioner Niti Das, D/o Late Shri Aail Kuniar Das, aged about 55 years, Working as Upper Division Teacher, Kacaladevi Sangeet Mahavidhyalaya, Rangmandir, Gaadhi Chowk, Raipur, R/o Tikarapara, Chhoi Colony, Raipur (CG). Versus Respondents 1. The State of Chhattisgarh, through its Secretaiy, Higher Education Departnient, D.K.S. Bhawan, Raipur(C.G.) Kamladevi Sangeet Mahavidyalaya/ fhrough its President Shri Shekhar Sen, Ashaskiya Shikshan Sanget, Rang Mandir, Gaadhi Chowk, Raipur, Chhattisgarh. Indira Kala Sangeet University, Khairagarh, Chhattisgarh. 2. 3. WRIT PETITON UNDER ARTICLE 226 OFTHE CON8TITUTION OF INDIA (SB: Hon'ble Shri SaUsh K. Agnihotri J.) Ms Mala Dubey, Advocate for the petitioner. Ms Sunita Jam., Panel Lawyer for the respondent No. 1/State. ORDBR (Passed on this 30th Day ofApril, 2009) Challenge in this petition is to the order dated 19,2.2008 (Annexure P/ 1), whereby th.e sendces of the petitioner has been terminated. Consequently, a direction to reiastate the petitioner in service with fxill back-wages has been sought for. The petitioner has preferred a statutory appeal against the iinpugned order, which according to learaed counsel, is pendiiig consideration before the respondent No. 1. Ms Jaia, learned Panel Lawyer appearing for the respondent No.l/State submits that the pending appeal has akeady been heard and the same is reserved for order. She farther submits /"r"^ i . ^ _ .,.^ ^ ^^•^ •^^^^- that the appropriate order shaU be passed by the respondent No. 1, expeditiously. 4. In view of the above subnussion raade by learned counsel appearing for tlie respondent No, 1, nothing survives ia this petition for adjudication. Even otherwise, when the statutoiy appeal is pendiag consideration before fhe statutoiy appellate authority, the writ petition is not inaintamable during the pendency ofthe appeal, as no exceptional ground is inade out for iaterfercnce, at tihis stage. 5. In view of the foregoing, the petition is dismissed, as not maintauiable, No order asto costs, Sd/- i Satish K. Agnihotri Thakur I Judge