@ 1 / CQWV‘ IN TEE HIGH COURT OF WKCATURE AT BELASPUR, CG. WRIT PETmoN N05 .1?L Li 12003 PETITIONER Banwari Lal Sahu, S/o Shri Bhandari Ram Sahu, aged about 45 years, occupation /I service, R/o Premnagar, Tahsil Surajpur, Distt. Surguja (C.G.) VERSUS : 1) State of Chhattisgarh through RESPONDENTS Secretary, Ministry of Tribal (S.C. and S.T.) Development Department, D.K.S. Bhawan, Raipur (C.G.) 2) Upper Commissioner, Tribal Welfare and Education Department, Bilaspur (C.G.) 3) Astt. Commissioner Tribal Welfare Department, Distt. Surguja (CG) 4) Block Education Officer Premagar, Distt. Surguja (CG) / OF THE WRIT PETITION UNDER ARTICLE 22 /227 CONSTITUTION OF INDIA / wag? m WéamwPmm)m 2003 ma x WEI v - A A Wméw‘g?‘ 3‘ a¥ WW? g a: mu am ‘ XI—HC—22' 05.09.2003 , , Shri A.K. Shukla, counsel fc r tha petitionér. Shri Ranbir Singh, Govt. Adv. for the State. L Heard. ‘ By this petition the pctitioncr has challmigsd the transfcr ‘order dated 08,082003 by which the petition tmnsferxed from Sarguja Disti‘ict to Korea District] The main grievance of the pen'tion’er is that on account of transfer from one District to another the seniority of the petitioner will be aEected and second ground is that the petitioner is’not keeping good health on account of the Jaundice and his two sons are also studying at Ambikapur. I‘herefoxe, his transfer order be quashed. I have heard the learned State counsel and leamed counsel . for the petitioner. Having heardleained couns e1 for the parties, having regard to the facts and circumstances of the case, in the ordinary circumstances it is presumed that the transfer orders are made W on administrative exigency. In this case the petitioner has L» completed five years at one place and in normal circumstances it ' has been , x cannot be said that the transfer of the petitioner is against any Ir guideline but only one point whitish requires consideration of the I’- concerned authority is mat if the seniority of the petitioner is i aifected on/account of the transfer in any district then the concerned authority before making the. transfer should have taken into cons1derat10n all these factors. / i g e 3am, W «é, W W‘W HWXV 2%3 {w €fi§ii mm ”an W4? 9%31 WW W“ 13 fen-é} WA m mmW a; am am _ #2,— i E l i i i Looking to above circumstanceS the petitioner is allowed to \ make a replésentafion Within a ‘ riod of ten days from today. JThe respondent no. 1 is directed to co sider and decide the same in an objectixie manner by passing an appropriate order within a period of thirty days from the date of receipt of the representagoif. ‘ In the meanwhile, if the p6 titioner has not yet been relieved , then he shall not be relieved till the representationis decided ‘by the respondent no.2. ////.‘V_ r / Certified copy as per Rules Sd/u L.C.BHADO() " ‘e’XJudge / t V ,_