'S&S^g E" IIMfiLI: !E .D ^^-Y'^Z^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR W.P.No. •t|Sfo6/2006 Petitioner .^f> ^v..:-"^>''-^-''" <"~-5~~:..•;;'1.'<l"\n.-y' ^.;'<J:^y y ^ \)^~ ^^~ •s<" ..&•" ^y '^-^" > :Resp6ndents /"K.L. Kosma S/o Late Shri Tilakram Kosma, aged about 44 years, R/o GP Karar, Tahsil Bhanuparatapur, District Kanker(C.G.) Versus / 1) State of Chhattisgarh - Through the Secretary, School Education Department, DKS Bhawan, Raipur ^2) The District Education Officer, Distt. Kanker(C.G.) ^3) The Collector Kanker, Distt. Kanker (C.G.) 4) The Head Master, Government Middle School, Barbaspur, Distt. Kanker (C.G.) WRIT PETITION UNDERARTICLE 226/227 OF THE ^^—sy^y "v/> ^y^y •'»o»^.,.-<5-' CONSTITUTION OF INDIA XI-HC-78 *11MMI ShHI<=h 3%T '*ll<llcl<l, 0tfltl'is, [s|dl+f^< ^t^ OJ ^. r^o... .^^. ^.L ^ 20^ 3TI^?T 'ra^R' (li°li^«f<iff) a'n^T^irfqqhi <raT3n^?rsf>iTR? waRKgfitTsn^r 18.8.20( +lofd<n^ ^l^cil'fffei^l <R|^T( ^sri^ITSII^T Shri P.R.Patankar,counselflor the petitioner. Shri Satish Supta, Depufy 6ovt. Advocate for the Stcrt-e/ respondents, on advance copy. Heard both the counsel. By the instant petition, the^ petitioner has challenged his transfer order Annexure-P/3 doted 29-7-2p06 whereby under the Rationaiizotion Scheme deciaring him as fiurplus, he has been transferred from AAiddle School, Barbuspur, Block Bhanupui^to Primary School, Block Koyalibeda. Learned counsel for the pe' order it has been shown thot the 'itioner submitted that in the impugned petitioner has been tronsferred on his own consent whereas, no such con^ent was given by him. But, the impugned or<?er has been passed under the Rationalization Scheme, 2006 an^ clause-7 of the scheme provides for an appeal if any teacher is ag^rieved by the order passed by the competent authority, therefore, to the petitioner. In the first availed of that remedy. In the cir'cumstances, submitt-ed thot the petitioner appropriate cuthonty under the be directed to decide the same. equally efficacious remedy is available instance, the petitioner ought to have iearned counsel for the petitioner wants to file m appeal before the scheme and the appropriate authority 'i. \. ~^^f-^ry^--^-< •sf XI-HC-78 tfW'Pfl Sb^llth 3^'^irai^pr, 8iTn*)'i6,Riciiyy ^^ ...49..P.-.^.^... ^ 200^ 31T^?T4^cb ('yI^S.^) 3f1^T^TR-li+ traT3n^Tsbli<* Bapve ^ l/ y ?RIIW nfin STT^T ~~'(^' iorter However, since time under cnd the petitioner- has approached as such, time taken by the petitii petition till its disposat shall be cor|doned The writ petition 'is accordit^gty, itself. Consequently, M.(W.)P.No.| stand disposed of. Parties are entitled for cer11i lause 7 for fiiing an appeal is 7 days |this Court- by filing this writ petition, |er from the date of filing of this writ by the appr'opriate authority. ', dismissed, at the admission stage 6384/2006 and I.A.No.7927/2006 <t>i'iitii41-< *iiHf)Tffte^<R]'(^i< ^sif^rsn^T ified copy of this order. L.C.Bt Judge P.T.O.