l.( -^ HIGH COURT OF CHHATTISGARH, BILASPUR WmT PETITION (Sl No.6931 of 2009 PETITIONER RESPONDENTS Himit Kumar Rathia, aged about 41 years, son of Shri Maniram Rathia, Occupation Service, Assistant Teacher & Superintendent, Tribal Boys Ashram -- Kumarta, Government Middle School Kumarta, Vikas Khand Dharamjaigarh, Distt. Raigarh ((C.G). Vs. 1. State of Chhattisgarh, through Secretary Department of Schedule Caste 8s Schedule Tribe Welfare, D.K.S. Bhawan, Raipur, Distt. Raipur (C.G). 2. The Assistant Commissioner, Department of Tribal Welfare, Distt. Raigarh (C.G). 3. Block Education Officer, Vikas Khand, Dharamjaigarh, Distt. Raigarh (CG). 4. Assistant Commissioner, Department of Tribal Welfare, District Korba (CG). WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION QF INDIA APPEARANCE: Mr. A.N. Bhakta, counsel for the petitioner. Mr. A. V. Sridhar, counsel for the State/ respondents on advance copy. ORAI^QRDER (26.11.2009) SUNIL KUMAR SINHA. J, Petitioner Himit Kumar Rathia, has filed this petition challenging the order of transfer dated 30.6.2009 (Annexure P-1) whereby he has been transferred from Adivasi Ashram, Dharamjaigarh, Distt. Raigarh to HigherSecondary School, Sarakbundiya, Distt. Korba (CG). Learned counsel for the petitioner submits that the petitioner is an Assistant Teacher which is clear from gradation list dated 01.4.2009. However, he has been shown as Upper Division Teacher and has been W.P('S).No.6931of2009 sent from the District Raigarh to District Korba. His submission is that the seniority of the Assistant Teachers are maintained District-wise, therefore, the transfer of the petitioner from one district to another district i:e., District Raigarh to Distt. Kodrba, would adversely affect his seniority. He submits that showing all these illegalities the petitioner has filed a representation dated 02.09.2009 but the same has not been considered so far, therefore, he has to file this writ petition. The contention of the learned counsel for the State is that let the petitioner make a representation before respondent no.l and the same would be decided in accordance with law. Learned counsel for the petitioner agrees to make a representation. However, he submits that till his representation is decided, the petitioner may be given some protective order. Accordingly, the petition is disposed of with a direction to the petitioner to make a representation within a period of 10 days from the date of receipt of copy of this order. If such a representation is made, it shall be decided by the concerned authority within a period of 4 weeks from the date of receipt of said representation. It is further directed that till then, the impugned order of transfer, so far as it relates to the petitioner^shall not be given effect to. The petition stands fmally disposed of with the aforesaid direction/ observation. C.C. as per rules ^ Sd/- SunilKumarSinha Judge