IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR WRIT PETITION No. 3 I $5 Lon: 2on4 Vishwavidyala Through Registrar Krishak Nagar, Raipur (C.G.) 2. .7 Board of Management Through Secretary Indira Gandhi Krishi Vishwavidyalaya Krishak Nagar, Raipur (C.G.) 3. Vice Chancellor Indira Gandhi Krishi Vishwavidyalaya Krishak Nagar, Raipur (C.G.) 4. ‘Stat‘e‘Qf Chhattisgarh Through Secretary Department of Agriculture D.K.S. Bhawan Mantralaya Raipur (C.G.) iwi PETITIONER Dr. Asha Ram Pal, S/o Shri L.S. Pal, Aged about 59 years, Professor Indira Gandhi ’M af§w Krishi Vishvidyalaya, /5\W\ Krishak Nagar, /O\ “w“Q Raipur (C.G.) \‘O VERSUS RESPONDENTS 1. Indira Gandhi Krishi WWW 311ww fiaim aarr anéwEmmi mam (gafgaa) ' - mamamWw WA - $Wmw mm 111% ma 05:07.2005 Mr. Neelabh Dubey. teamed counsel for the petitioner. Mr. B.D. Guru, leamed couEsel for respondents 1, 2, 3 & 6. Mr. Pankaj Shrivastava, I arned Panel. Lawyer for the State of Chhattisgarh I respondent No.4. ‘ the petitioner under Article 226 of the order dated 06 09 2004 (Annexure P~2) . whereby the petitioner has been ransferred to Rajmohini Dev: College of A Agriculture and Research Station 2. \ Leamed counsel for the p titioner submits that the toetitioner was appointed as Professor! Senior cientist Land and Water Management in the scale of Pay Rs 4500-150-57 0-200-7300l- and posted at College of Agriculture Raipur (Plan), newly c eated post Vide order dated 01 05 1989 (Annexure P-4) it was cont ded by the learned counsel for the ‘petitioner that Since the petitioner was appointed as Professor in Land and Water Management, he oould not acting Dean where the subject available. Next contention of the . This writ‘ petition tiled by Constitution of India impugnes the bikapur as acting Dean a ,rbe transferred to any other coilege as l of Land and Water Manager is not earned counsel for the petitioner is that ‘ the petitioner was transferred n‘ot as a Professor, Land and Water ' Manager, but as acting Dean, which is not a substantive post. Learned counsel for the petitioner further contended that the University has authority to transfer the petitioner within the University anywhere whereVer the Land and Water Management course is available but in the capacity of Professor not in any other capacity. SP/FS/2005 ~ 20,000 ...x¢.f...?.’1%.(.ff£ 1mm amias W 1 V 11200 anéam (gafaila) wwwma - ;K mmfriém‘w ’ J am anéwwriw mwm'dwm $Wan€$1 3. Mr‘ B.D. Guru, learned wrunsel appearing on behalf of respondents 1, 2, 3 8: 6 submits that tho After hearing both the pa that order dated 06.09.2004 wh 4. the impugned order dated 06.09.2004 does not indicate that the petiti ner was transferred as Professor but in fact the petitioner was transferr d as Professor. Learned counsel for the respondents admits that there is o substantive post of acting Dean. ies and perusing the records, it is found reads as under: “O DER Dr, A.R. Pal, Profe sor and Head, Department anagement, Cottege of hereby transferred with immediate effect from C Itege of Agricutture, Raipur to Ambikapur and posted of Land and Water Agricutture,'. Raipur is as acting Dean, Rajmohini Devi College of Agricuit re and Research Station, Ambikapur temporarily unti nd relived with the date of issue of this order to join is new assignment. Dr. Pat wiil exercise all administr tive and nnancia! power of Dean, Rajmohini Devi Dr. A.R. Pa! will st further orders. llege of Agriculture and Research Station, Ambika ur. Dr. R.B. Sharma (Professor, Soil Scienee), vi College of Agriculture Ambikapur is hereby effect from Ambikapur to Professor and Head, acting Dean, Rajmohini and Research Station, transferred with immediat Raipur and posted a Department of soil Scien e, College of Agriculture, Ralpur temporarily until furt er orders. Note:- the above officers month of September paid respective new places of p sting. ll draw their salary for the in October 2004 from their SP/FS/2005 - 20,000 u i e i a order indicates that the petitio 1er was transferred as acting Dean, admittedly not a substantive post. It is further not stated in the order that red as Professor, Land and Water the petitioner has been transf Management Course. 5. tt is informed by the tea ed counsel for'the petitioner that the Department of Land and Water r Agriculture, Raipur (Plan) and o posting has been made. counsel for the respondents does ot dispute the position. ‘6. - ln View of the fact that th post of'Professor in’Land and Water Management at College of Agric lture, Raipur (Plan) is still vacant, the respondents are directed to allow the petitioner to continue as Professor, Land and Water Management a College of*Agriculture, 'Raipur (Plan). The respondent authority is at lib rty to transfer the petitioner anywhere within the University where'the ost of Professor in Land and Water Management is available. 7. Learned counsel for the pe tioner further submits that the petitioner has not been paid salary from 06.0 .2004 till date. nagement stiil exists in the College of Learned mania; we“) EWLWQR 200 r a sneer nae? (Waste) matmrléaiaa amenéaamiar eweswanéa mWW‘Ets‘z‘tW , 3/ W a? amt By Order of the Vice-Chancellor Sdi— Registrar“ lt is not mentioned that the petitioner was transferred as Professor. The y W mmm $.HHH‘EL. W200 syn-as! rm; (gafaiia) ’ fr %-/ . Sci/— Satjsh K. Agnihoiri Judge ' epic order as to costs. _ / \\ mam-rm amméQwWi’cli V mgqmamQT ' ’H" > mwmz¥wm $Wanée¥ ' v 8. Learned eounsel for the respondents submits that the petitioner . was not paid salary because tfe petitioner had not joined the place of posting. I V w \ 9. The petitioner is granted iberty to make a representation and the respondents are directed to consider the same sympatheticaliy within a period of one month froth the date of making representation. if any. 10. In view of the foregoing, the petition is aiiowed.