Kocé’ g? :6? IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0..Z3.2.Q 2004 Hari Ram Patel S/ o Shri B.S.Pate1, aged about 45 years, Assist. teacher, Primary School Bheemsen de Vh, PETITIONER / Sarangarh Tehsi1— Sarang@‘é Dist. RESPONDENTS 1 . The petitioner above—named most respectfullv submit as undeg; 1.PARTICULARS OF THE PETITIONER: / the cause title above. 2.?ARTICULARS OF THE RESPONDENT: As mentioned in the cause title above. 3.PARTICULARS OF THE ORDE‘V‘RS AGAINST WHICH PETITION IS MADE As mentioned in Raigarh (C.G.) VERSUS State of Chhattisgarh Through Seeretary Education Department D.K.S.Bhawan Raipur (0G,) The Additional Commissioner, triable department, Raigarh Dist. Raigarh (C.G. The District Education Officer Raigarh, Dist. Raigarh(C.G.) The Belock Education Officer Sarangarh tahsil —Sarangarh Dist. Raigarh (C.G.) WRIT PETITION UNDER ARTICLE 226(22‘7 OF THE NATURE OF CEERTIORARI, MANDAMUS ,PROHIBITION AND OTHER SUITABLE WRIT OR WRITS, DIRECTION OR DIRECTIONS ORDER OR ORDERES: ISSUANCE OF WRIT IN COUNSTITUTION OF INDIA FOR M / 1/ I; ) W (5k, / . @Pgb3?u mm' \m 1009 W3 WW Wm mmw‘m ' awfvanm ' 23.043004 Shri RS. Patel, counsel for the petitioner. Shri Sanjay s. Agrawal‘ Panel Lawyer for the State. Application for urgent hearing is allowed. Heard. On 08.03.2004 notices were issued to the respondents and as per the office note, e1] respondents have been served. Reply has not been med. Shri Patel, learned counsel for the petitioner submits that as per the order dated 1 8.07.2003 (Annexure P—2) issued by the State Governmen mutual transfer Was made. Subsequently, petitioner joined on 06.08.2003. It is stated that subsequently, a‘ per Annexure P—l 01.01.2004 the Block Fidncation Officer/ respondent No.1 issued a letter to the Head Master informin him that he has received letter dated 23.12.2003 from Dstrict Education Officer and pursuant to the direction o District Education omcer that the petitioner be relieved. Shri Patel submits that the petitioner has not been reli ed and he is continuing. It is submitted that the children f petitioner are studying at the present place of posting. Shri N.K. Agrawal, Dy. Adv. Gen. submits that the transfer is an incidence f service. Ile placed reliance on [View i nn‘, W t XI—HC-22‘ l \L \ a decision of the Supreme Court reported in (2003} 4 SCC 104 (Egblic Services Tribunal Bar Associau'on vs. State of U.P. and Another). it is directed that as per the case and material on record, make representation before the has not been relieved he may Having considered the facts and circumstances of the statement made by counsel for the petitioner, if the petitioner competent authority of respondents within 15 days and on smh representation bemg tiled} the same shall be constdered and dec1ded on ments as earbJ $ possible preferably Within a month and the peuuoner sh till the gecision of the represe If me petitioner has place Where he has been resentatlon ralsmg the g ' ncewMtk (M @W wMgwww Qe Subject to what has been stated above, this petition stands dlsposed of. Consequently, disposed of. Certiiied copy as per rules. No.325/2004 also stands M.W.P. be allowed to contmue as such tation wlieved, he is to join at the sf‘erred and then make a a w ‘ Sdl- Fakhruddin Judge lanai m 1 n