v ‘ X x \ ‘ ‘ 1N THE HIGH COURr OF CHHAWISGARH : Blmspua ‘ wm Peuuon 1$) No. 45 1a of 21008 §Petitioher Ramesh Kum+r Pandey, son of Late B. Pandey, aged about 42 years Occupanon — ‘ Head Master, Govt. Mlddlc School, Sector - 4 Bhllm D1st1‘1ct Durg, Chhatiisgarh § ‘ Versus Respondents 1 ‘ State of Chhatusgarh Through Secretmy School Eduéauon Department D KS Bhawan, Manifmlaya, Raipur, Chhattisgarh. Disu‘ict‘ Etl‘ucaiion O$oer, r Burg, Chhattisgarh.§ WRIT PE'I‘ITON‘ UNDER ARTKbLE 226 OF THE NSTITUTION OF INDIA. i (SB: Honiblc Shn’ Satish K. Agnihom’ .1.) Shn K N Nande, dvocate for the peuhonet. ‘ Shn Bhaekar Pyasl, Panel Lmvyer ior the State. 7 o 3 D E R (Passed on thus 20th Day ofAngust, 2008) With the. consent of learned counsel appearing forrthe Ms; the matter is heaxd many. ’ ‘ The peti/n'pner, by this pet'tlon, seeks quashmg o'f thr- onler dated 1.8.2008 (Annexme P/ 1), whereby thexpmgr Order so. 5383 dawd 7 7 2008 anti the Lcttcr N0. 5542 dated 17.7.m8, have been cancelled The bnef facts 1n nutshell am that vide Onier No 4211 dated 4 6 2008 (Annexum P/3), the peuhoner, wh1le workmg on the post oi Upper Divlsmn Teacher m Mnidle $chool, Muktldham D1stnct Burg was promoted on the post of Head Master, on the basts of the recommendauon made by th Deparnnental Promotion] Scrunnv Comxmttee and was posted m Mlddle School, Devn (Gnndexdeln), Dlsmct Durg on the pmmoted post of Head Master ‘ Thereaiier, Vlde amended Oxder No. 53&3 dated 7 7200 _(Annexure P15), on the baels ofthe appheahon we by th petmoner, the place of posting of the peuhoner was changed; ' hom M1ddle School Devn (South) (Gundeniemr to the CO e 8 e 8 “Mlddle School Sector -4 Durg" It 1s appamnt that the peuuoner mfonned the Dtsmct éducauon O$cer, Durg that there 1s no aanctmncd post oi Heai Masim at Govt. Mnidie School, Sector —4, Bhilai, thercfo , vi/de Memo No. 5542dat£d 14.7.2008 (mm P/a) ii was clan‘iicda matmem is a sanctionsd post of Hoar} Mastor and the: petitioner was K y the unpugned order dated 1 8 2008 (Annexum P/l), the Older dateé 7 7 2008 (Annexum P/5) anti the Mame dated I 14 7 2008 (Annexum P/é) have been cancelled The only subunssmn marie by Shn K. N. Nande, kamed counsel appearing for the peuuoner ls that 1n £act, by the . _ Impugncd onier dated 1 8 2008 the promouon of the pehtloner on the post of Head Master hm been canoelled l am unable, to understandhow the penuoner maggneved,1f the amended order of inosting 'hae been cancelled Needless to say, 1f the amended oniers a1e cancelled by a subseqwnt 'onler, then the prev1ous order i.e. Order No 4211 dated 4.6.2008, (Annexum P13), whereby. the penuoner was promotedon the post of Head Master and was posted raft Mi’ddIeSchoolrDeyrl/ South(Gunde1dehi) would automatically come in existence The submission of learned counsel appeanng for the pehtloner 1s Wlthout any hams and fnvolous The ground of challenge ramsed by the pehhoner does not warrant any mterference 1n the Impugled order There is 1w meritin this petition, which reliable to .he andrsdismrssed duected to 10m thereat. . B h K Agmhotrr \ Judge ’ 9* S