fi ^ •^ /I ,\^~ IN THE HIGH COURT OF CHHATTISGARH AT BILASPU^ WRIT PETITION N0. 4-?s4 QF 2004 PETITIONER Mohd. llias, S/o. Mohd. Yusuf, <^--..^ —•"—"^ ^"- ••^•"•^ •\ ^-..'•••""<y^!"il"'"L» Aged about 42 years, Occupation- ^,' Service, R/o. village Shivpur, Tahsil •••""'.''.,'s^"'"" ..<•''''"'' '^3^^..^\ Surajpur, District Surguja (C.G.) A®'»" RESPONDENTS ^;--" ..c'"; ~<- -'' A ^^f\W]! I ;, - <- .^^- VERSUS 1. State of Chhattisgarh, Through Secretary sc Ministry of General Administration Department, D.K.S. Bhawan, Raipur (C.G.) 2.<7 State of Chhattisgarh, Through Secretary sc Ministry of Tribal SC S.T. Development Department, D.K.S. Bhawan, Raipur,(C.G.) 3.^ Commissioner Tribal 8.!: S.T. Development Department, Raipur (C.G.) 4.9 Assistant Commissioner Tribal sc S.T. Development Department, Raipur (C.G.) 5. Block Education Officer, Ramanujnagar, Tahsil - Suraj'pur, DistrictSurguja (C.G.) 3 •;:;:1;^3; WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA [-HC-22 A 3:5T ^nqRTiT^ ®Tf1u'|(5,fs|dlti^<, 3l!^l Mae»l '•rwdTaiww'""""""""""*" ^ 200i 3T^?T?iT Nrasn^r SfffRi Ni(lf?(T 3(1^1 gwiwfffer qil<lFCT<fl-f *1HMTif1Wt<Rlt<il<. ^srf^Tsn^r 12/04/2005: - On a mention being made Shri Ashok Kumar Shukla Shri Sandeep Dubey, State/respondents. the case is taken up for hearing. earned counsel for the petitioner. learned Govt. Advocate, for Uie The petitioner has preferr' of the Constitution of India que; order dated 31/07/2004 when Assistant Teacher In Middle Primary School Chunchuna (Surguja). ^d this writ petition under Article 226/227 ^tioning the legality and propriety of the tby the petitioner who is working as Sctlool Narayanpur, has been transferred to (Kt)smi), Education; District Ramanujganj The case of the petitioner| educational district to another 250 kilometers which is going t4 is being maintained district w| petitioner is that he has 80 year^ both are not maintaining sound shift them to the newly place of policy. ts that he has been transferred from one educational district at a distance of about effect his seniority and the seniority list '|se. The other ground taken by the old mottierand 85 years oid father and lealth and therefore the petitioner cannot posting and the transfer is against the Return has been filed on been mentioned that the petiti under the Department of Tribal School Education department. is incorrect that he has been Ibehalf of the respondenls in which it has >ner is working as Assistant Teacher VVelfare and he is not en employee of the 'herefore, the contention of the petitioner tr^nsferred from one educational district to ___(^t^A^^= E1F 3^ '<INW<I, axflyitf, fs|dlti^< *<r* ii ssiirei^ ^:.?:... .L)TX:b. — - - -, W>'—-'—-~'A-->-"(-W^2001^ 3TI^T?iT )?:iNi3Ti^r ^i^lch^%s T' ~- aii^i ^wiwBfer 3.- another district. As far as distri Welfare Department is being coni there is no transfer of the petitiofier anotherdistrict. ^t Surguja is concemed, the Tribal ^idered as one district and as such from one Educational district to Learned counsel appearingl petitioner may be allowed to make looking to his difficulties mentiorled Lawyer appearing fpr the State/resp|?ndents for the petitioner subm'rts that the ^ representation to respondent No.4, , 1ed above, to which learned Panel has noobjection. cirdumstances Having heard learned couhsel having regard to the facts and is allowed to make a representatioj from today raising all his grievance{ to consider and decide the samel receipt of the representation in grievances ofthe petitioner, in accoj Wfth the direction aforesaid, Consequently, M.(W.)P. N(|. 2005 also stend disposed of. Parties are entitled for certifi^d copy ofthis order. »ni<<[<i<)1-i tflHflT^'fe^t'rfSRZK ^a-rf^TSlT^T appearing for the parties and of the case, the petitioner to respondent No.4 within ten days >, in turn, respondent No.4 is directed within bwo months from the date of an objective manner consider the dance with law. he petition stands disposed of. .4889 of 2004 and IANo.1775 of 'SdF ^;6Wdo° 3ud9e