ASINGLE 35%“ ° . 3: c rgd‘gw EIN THE HIGH COURT OF JUDICATURE CEHATTISGARH AT BILASPUR ; 1‘ W.P.No. , @10 . / 2005’ S/o ShmJ P 'I‘1war1, Aged out 49 §Iears, Asst gofessor Govt Danteshwan Gn‘ls College Jagdalpur ' Dlst Bastar (C G ) ( l 1 r ’/ Shiv Prakash T wari E x Vus ers , State of Chhattlsgarh \ Through The Secretaiy Hlgher Educatlon Teehmcal, ‘ uman ResoorCeScience 85 echnologi Department; Raipur, 2‘Dist :‘Raipur — (C.G.)~ The Commlssmner 1gher Educatl WR PITION U/A 226 / 227 OF THE C STITUTION OF IND n ‘ é H on IT ET IA y I Xl-HC-78 mm& ..... . ........... y ..................E200 v 52 NWWW U3? m [930/05 > ‘ « mam(m) _ r Wamaiwmw 9 :u 2005 The petitioner was Wo as Assistarit Profeséor in the subJect of Anc1ent Ind1an Hlst ry Cultural and Archaeologf at‘ a ‘ Govt Danteshwan Glrls Coll ge, Jagdalpur . He had been workmg for the last 24 years the tubal area of Jagdalpur. Oii 28.2.2004 the §espondent 0.1 transfexfed the services of‘ . the petitioner to the Govt Co ge Kunkuri Distn'ct? Jashpur‘ l Nagar Smce there was no po t of Ass1stant Professor 1n the Cultural and Archaeolog, the " petlhoner med Wnt Petmon No 758/ 2004 wherem thls Court disposed of the petition yid der dated 6 4 2004 granting liberty to the petitioner to I ake a representahon to the competent authority The pe ‘honer, accordmgly, made a representation to the Respo dent No 1 stating that the petltioner had served m tnbal for more that} 04‘ years as r Peiluonef by Shn Praful] Bhai‘at, Advocate. Respondents by Shn j 8:]111‘vstava, Pémdlafwyer. subJect Anc1ent lndlan Hlsto a 1 such he should be considered V posting in a non-tribal area p V It was further stated that the post of Asmstant Professor m the concerned subJect was va ant at Raipur The pett’uoner d represented for his tlansfer to The Respondent No l rafter 'consideri‘ng the 1epresentat10n of the pentro r modlfled the order dated i p198 9 2004 by 135mg the 0rd r dated 3O 3 2005 (Annexure P/-4) and transferred the pen 'oner from Kunkun‘to Govt. aipur. P a r ‘ g ‘ j e r : ‘ I i g 43 WW WW Wmm .. 18M W200 anéatm(§df§aa) _ WWW§%@W maiiwm ’7/ M $a§mmésr Lahldl College, Chlrmm, D1s111ct— Kona Learned counsel for the petltloner submlts that Kona dlstnct ls also a tnbal area Learned counsel for the petltlo er has pomted out the transfer 3 pohcy of the State Govt. Whe m Clause- clearly prowdes' fhat the oEcers/ employees w o had worked for {Dore than 5' years 1'11 a tribal area be cons ed for posting in a non-tribal area in case he expresses his d sire for posting in a non—tribal area. I am informed that at present there is vacancy of Assistant Professor \‘ in the Cultural and Archaeology at s Ralpur Shn Shnvastava learn when the origmal a transfer modified, there was no vacancy t Raipur and the order dated 30.3.2005 was passed on a rative‘ ground. Learned Panel lawyer is 'not in a positio to inform as to what was the administrative ground when the post‘was vacant in non—tribal . area and the petitioner had w rked ‘for about 24 years in, tribal area. ‘ Having heard learned cou sel for the parties and having regard to the facts and Circumst ces brought on record I am f the considered opinion tha ordlng to the policy of the Govt.the petitioner should be considered for posting in a r on—ttibal area when he had wor ed for more than 24 years 1n ect Ancient Indian History Vt. College, Shankar Nagar, Panel lawyer submits that der dated 28.2.2094 Was W ' ‘ i r o j r e d ' t t c Xl-HC-78 44