C (- ‘RESPONDENTS ( r MM! HEW Q \00 V 6 Smt. Chandrani Shome, aged % (in order S’mi‘. Chqnotmmcn/ Sari is mnz’?‘ J. Lecturex :/ 1. r “IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR. 3 WRIT PETITION N035 23 OF 2006 PETITIONER about 40 years, W/o Shri V.K. Shome, Chemistry, Posted at’ ‘Government Higher Secondary School, Chaitrna, District Korba (C.G.) VERSUS State of Chhattisgarh, Through: The Secretary, Schedule Caste and Schedule Tribe Development Department, D.K.S. Bhawan Raipur (C.G.) The Commissioner, Tribal Development Department, Raipur District Raipur (C.G.) The Collector, Korba District Korba (C.G.) The Assistant Commissioner, L Tribal Development Department, District Korba (C.G.) The Principal, Government Higher Secondary School, Haldi Bazar, District Korba (C.G.) / v-WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF AN ‘ ‘APPROPRIATE WRIT IN THE NATURE OF MANDAMUS CERTIORARI ETC. OR DIRECTION ORDER IN THE LIKE NATURE ETC. . XI-HC—78 Wm 3am, m,W ........ W 200 52 mm (W) WWW wmm WMWW WW§WW $Wm » > 354?/2006. 5hri Sumesh Bajaj, ( raspondenfs/Sfam on advance co; Heard. The main grievance raised common issue is invaived in fhese disposed of by #his common order. I 0y ‘i'hese pe‘fifions, 'x‘he pa‘i‘ii’ianers, who are working as Lecfurer in various Higher Secondary Schoiiis of fhe Disfr‘ic‘i Korba of Sfa‘re of Chhof‘iisgorh, have quesfioned ‘h iransfer order daied 7.7.2006 signa’mre a‘f Under Secre'i'ar y, Government of Chhaffisgorh,. Scheduled Cas‘i’e & Scheduied Tribe Deveiopmenf Depar‘rmen‘i, Raipur. The grounds of chaiienge Shri Rajesh Pandey, Advoca re for fhe pe‘rifioners. Eavemmenf Advocm‘e for fne y. by The pefi‘?ioners is common and pefi‘l’ions, Therefore, They are being ‘1g iegali'iy & correctness of "their {Annexure P4.) issued under fhe of This order, as raised by i'he oeiii'ioners, are fha‘i’ The Secretary or “ihe Under Secre‘iary has no jurisdic‘rion 'i’o pass ‘ihe impugnec Transfer order, as ‘ihe Counseiiing P.T.O. 197.2006 WP. Nos. 3523/2006, 3524/2006, 3525/2006, 3526/2006, 3527/2006, 3528/2006, 352 9/2006, 3530/2006, 3531/2006, 3533/2006, 3534/2006, 353 9/2006, 3540/2006, 3541/2006, 3542/2006, 3543/2006, 3544/2006, 3545/2006, 3546/2006, XI—HC-78 o ooo.o.o.o..oo E W , W , W 53 oo¢9‘oo‘ m 200 WW (WW) Wanm wmm mm§ww ‘ éawsnéa > Q u amp ioyees. Peruse! of m‘rionaiizafion ssue Transfer orders under The L6.200$, Therefore, fhe impugned :Ienf No.1 is wifhouf jurisdiction and 1e Si'cfe Governmeni' has aiready :erring fhe feachers To counseiiing fa‘ie ievei under +.he ra‘rienaiiza'rion impugned fransfer order has been provisions con-rained in Paras 5 & 6 der Annexure P—l whereby fhe d as also ihe ra‘rionaiizafion scheme pefifions are misconceived, for fhe r: under which The pe‘l'i‘rioners have :ed on adminisfrafive grounds This :r The ra‘iionaiizafion scheme dafed qssed by The Governmen‘i‘ in exercise mmwm ”o?!- Commiffee is empowéred ‘ro Rafiondiza‘rion Scheme dafed fransfer order- issued by responc nuHii‘y in fhe eyes of law. T? delegafed fhe powers of ‘fmnS' commi‘rfee consfifufed m‘ The scheme da‘red 1.6.20G6 and fhe issued in fiagmm" vioiafian of fhe of fhis mfionaiiza’rion scheme. Parusa! of impugned or pefi'fioners have been Transfer-re dafed 1.6.2G06 shows fha‘f fhe reasons fha‘f fhe impugned orde been Transferred has been pas: arder‘ has nof been passed undz 1.6.2006 and fhe same has been p of generai pewers To Transfer H's e scheme da'ied 1.6.2006 shows Thain where on accounf of Transfers, promofions & refiremen‘i's fhe numbers of feachers have become irrafior accoun‘i’ of above menfioned reasons in one schooi numbers of Teachers have become iess 1 or 2 or where numbers of sfudenfs i.e. where on ai in various schools iooking fa The P.T.O. #— fhe numbers of teachers have ‘ numbers of #eachers, in Thaf ca envisaged in fhe scheme, will cons affer coilecfing informa‘rion fro schoois or middie schoéls or' commiffee she” mhomiize the nu iooking f0 ‘rhe numbers af s‘rudem cemmiffee is 1'0 ensure Thm' in no i feacher‘s, in case of middle schoc case of high schoo! no? less fhan ' secondary schooi no? iess fhon six ‘ As has been mentioned em 'lier ThaT The impugned order has - been passeci under The adminis‘rm udm§nis~¥mfive grounds and fhis ( rafiona‘izafion scheme dafed 1.6. empowered fro irransfer ns em ra'i'ionaiiza'i'ion scheme does no? c depar'rmenf of *rhe Sm‘re &overnn H's Teachers in The adminisfra'i'ive Moreover, a bare perusal of The peTiTions shows ThaT iT has noT been )y These Transfers in a par'iicuiar of Teachers has become iess Than menTioned in The pefifions Thai k higher secondary school numbers :xceeded more fhon fhe required se The concerned deparTmenT, as TiTuTe a counselling commiTTee and m The various higher secondary primary schools, The concerned mbers of Teachers in each schools ‘s. IT has been envisaged ThaT The )rimoiry school remain less Than Two l noT less Than Three Teachers, in :our Teachers and in case of higher 'eachers. five powers of The GovernmenT on irder has noThing To do wiTh The 2006. The governmenT .is always aloyees and The inTroducTion of reaTe any bar ThaT The concerned ienT is noT empowered To Transfer exigency or in The public inTeresT. P.T.O. XI—HC-78 H W , W , W . '4 54 WW ooootoooooooooooooooo E 200 mamashwr) WWW , WWWh'TeéTW wmm wmwm ~?— V hwm XI—HC-78 WWW mmm ._,’v t,’ ifhe required numbers of WWEWW” éamm m m m m #eacher‘s or numbers of hachers have exceeded iooking Té fhe numbers of sfuden‘fs. Therefore, fhe pew-ions of ‘The pe?i1’ioners are no? mail (1) Roshan/— (2} (3) 1Tainable for rhe reasons rhai'; fhe order impugned of The Gov‘ernmenT *‘ ground and iT has n mfionaiizaTion schemi in The peTiTions iT ha: Transfers The princi; has been vioiaTed i.e. of Teachers have b: Teachers under The any parTicuiar school The areas of operc ‘ $overnmenT are diffe 1.6.2606 and of However, if any suci peTiTioners, Then They wili be au‘rhorify concerned. In view of The above, Ti ConsequenTiy, M.(W‘)P. ms been paseed under rhe genera! powers '0 Transfer Hs employees on adminis'rmnve 31‘ been passed under The said scheme Le. a dafed 1.é.2006. ; no‘i' been aHeged Tha? on accoun‘f of These le enuncim‘ed in The rutionalizafion scheme on accoun‘r of 1'hese ‘i'ransfers fne numbers :come Iess 'fhan ‘H‘Ie required numbers o‘i‘ "afionaiiza'rion scheme or have exceeded in confmry To fhe rafionalizafion scheme. fion of ’the rafionaiiza'i'ion scheme dafed general powers of fransfer of Sfafe renf. 1 insfance comes ‘ro The noTice of ‘r‘ne a‘r Iiberfy‘fo make a represenfafion f0 The s 1e peTiTions sTand dismissed for gmnT of sTay aiso sTands dismissed i i Judge ‘ Sdl— L.C. Bhadoo WW,WI¢,W o o...‘o.o....oo..ooo.. \ Wm- (W)