c. ^•\oo! »»»(3 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR. WRIT PETITION N052-^-^- OF 2006 ;TITIONER /y ^ /' y ^ ^w/ ^/ ••"' /<& /V os1'/ /^ RESji&N©SSTS ~y" ^ / Rajnarayan Gaharwar, S/o Shri B. Gaharwar, Aged about 51 years, Occypation - Block Education Officer, Rajpur, Tahsil Rajpur, District Surguja (C.G.) V E R SUS / 1. State of Chhattisgarh, through: The Secretary, Tribal Welfare Departraent, DKS Bhawan Raipur (C.G.) / 2. The Assistant Commissioner, Tribal Development Department ,Ambicapur District Sarguja (C.G.) ^ 3. D.R. Yadav, Area Organizer, Chief Executive Officer Janapad Panchayat Bastar, District Bastar C.G. ^ WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR JSSUANCE OF AN APPROPMATE WRIT IN THE NATURE OF MANDAMUS/CERTIORARI ETC. OR DIRECTION/ORDER_JN THE LIKE NATURE ETC, ^ XI-HC-78 KIMCTI 9iW<b -SS[ 'tiW^, VnS\WW, KlMKrty . . /UJP ^^Q(o. W[ 200 311^1 Md* ('iflis'1'^) 3I1^T?iTR-f (rai;:'3ii^]*iiicb s^iTmflfersn^T 4ii<iti-i41-f iii)dTffts'<fl <Ritci< ^SlRpTSl^T 4.7.2006 Shri Rakesh Pandey, Adv^cate for fhe petitioner. Shri Ashutosh Singh ^achliawaha, Govt. Adv. wifli Miss DeepaU Pandey, P.L. for the St£(teon advance copy. Heard. The main grievance of tl^e petitioner raised ia this petition is that presentity he is workmg a^ respondent No.3-D.R. Yadav, v^ been transferred on the post o^ post on which the petitioner ij been passed ia respect of the| order dated 28.6,2006 (Aime^ Block Education Officer, Rajpiir aad ho is workrng as Area Organizer, has Block Education OfEicer, Rajpur, the ^ ah'eady workiag, but no order has petitioner. Therefore, the impugned t:ure P-1) be quashed whereby the respondeut No.3 has been poste|d at fhe place ofpetitiouer. Leamed Goveniment Ad'stocate for fhe State subinits fliat he enquired froin respoudent No 2 hereia about fhe correctness of position and on enquuy he 4as been 'mformed that in fact the petitioner is presently worli|ing as Principal, Tnbal Welfare Goveninient Higher Secondanr distaiice of 8 kDi from. Rajpur School, Gopalpur, which is at the and vide oirler dated 6.9.2004 the ^I^IPCi.^ petitioner ]4as-cbeea given ad^itional charge of Block Education Officer, Rajpur imtil fiirther or4ers on a tempoiary basis. Now vide im.pugned order respondent |No.3 has been posted as Block Education Officer, Rajpur, th] (Annexure P-2) coines to an en< work as Principal, Tribal WeB School, Gopalpiu^ Block Rajpur, srefore, fhe order dated 6.9.2004 1 aad tlie petitioner wfll continiie to are GoveiTuaent Higher Secondary XI-HC-78 *11*1MI SbHlch • 35? '<<l<llrt'i<, Si-rflu'Ko, fadwy **«*<**•'')?5&;«**•»*<•»^ 200 3li^;fi <4aw (li?(^'!t<«'i;T) 3(1^T^iTR-lit> a^ISTT^Tshli'h Roshan^- ?RIIWBfeT3f1^T —t/T Perusal of oider Aanexrulf transferred on the post of Bl^ farther orders temporarily and that the petitioner is posted ta Tribal Wetfare Govenunent Higf such, confusion has been creat^( dated 6.9.2004 (Aiinexi.ire P-2) because Two persons cannot be Accordiagly, the Under) Scheduled Castes and Schedu] Ralpur to pass appropriate ord^rs persons are not reuiaiaed poste^ With the direction aforesald, Consequenfly, M.(W.)P, N<|>, Certified copy as per rule; +l'i|I<ri<fl-f t11*<d1'iftei<D iRlWK. ^isif^'trsfi^r P-2 shows fhat the petitioner was |}ck Education Ofi&cer, Rajpur uatil it was never raentioned in. fhis order taddition to the charge of Principal of |.ier Secondaiy School, Gopalpur. As d by iinpugned order as weU as oider |and this position has to be clarified, |3osted at one place. Secretarv, Govemment of C.G., ;d Tribes Development Departinent, clarifyiag the position, so fhat two at one place. 1, the petition stauds disposed of. i.2491/06 also stand disposed of, L.C. B'fW.iCl00 jucSse