r.\^v ff i::%.»?tl V .RF^J^S;^ SilN^LI: Hi'wtjt'j IN THE HIGH COURT OF JUDICATUREAT^ILASPUR (C^.G.l W.P.JSt No........^.?8.L... /2006 PETITIONER: Priyaranjan Singh S/o Mangal Charan Singh, Aged about 46 years, R/o Navapara, Ambikapur, District Sarguja (C.G. (c-?^,.,^."-- i:.^^-::: llt 'w^"" 3 '•• VERSUS RESPONDENTS: 1. 2. 3. State of Chhattisgarh Through Secretary Tribal Welfare Department D.K.S. Bhawan Raipur (C.G.) Commissioner Tribal welfare Department, D.K.S. Bhawan, Raipur (C.G.), Collector Sarguja, District Sarguja (Chhattisgarh) / 4. Assistant Commissioner Tribal welfare Sarguja District Sarguja (Chhattisgarh) 0> 5. Rarakrishna Maravi Incharge, B.E.O. Pratappur District Sarguja (Chhatti.sgarh) P^nTIOILUN^ER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APP^OPRIATE_WRITS^ QF MANDAMUS AND CERTIORARI AND FOR OTHER SUITABLE WRITS AND DIRECTIONS:- OF AT ^U4J??ii ^ M^N^i°i • M^'"'S3\i?pti ^ ^^ ^i^Ti^M ^' .Bif§^i1i°iOTi?l .1 •GSiSV^wlLaS OSini'tiWr"!! .. r°i\afi'l& ^iiuSa i¥i!r'at.i •wy2^ 1 i-S^r"^ Pti. .iL3i^^?E'^i!"3°i><y i i''iLij, Wi Petitioner Resoondents WRIT {S.l OF .^•"^ ^ y-Si y s /s ?°s "~^! FS'" ^ '^'caf iffS^ f ^3;i iLii i versus State of Chhattisgarh and others Present Mr. Jifendra Paii, iVlrs. Anju Ahuja, resDondenis No.1 t ounsei tor trie petit;oner. epu'ty Government Advocafa ORDER (Passed on 31s' of Octebsr. 2006) ^-'-'Vrf; The petitioner was emDioyed as Lsctursr in Government Giris Hlgher Secondary School', Ramanujganj, District Suiyuja and was ho'ding charge of Prlncipal of the schooi. By order dated S-6-2006, the petltioner was assigned ths charge of Block Education Officer, Pratappur, which became vacant on account of transfer o'f one Shri Suresh Prasad Tiwari, who was Lecturer and postsd st Pratappur, from Pratappur to Government Giris Higher Secondary School, Rajpur. Subsequentiy, by order dated 7-7-2006, respondent No.5, who was postsd as Lecturer in Govemment Hlgh Sc?ioo!, Karsi, B!ock Pratappur, District Surguja was assigned She charye or B!ock Education ORicer, PratapDur. —'—• —~—" '• 2. teing aggrieved, the petitioner filed a writ petitjon, being Writ Petitlon (S.) No.3562 of 2008 impugning the order dated 7-7-2008 on t'ne ground that respondent No.5 Vi'as junior, as such, the sald •order dated 7-7-2006 is discriminatory, arbltrary and unreasonabls. This Court, after hearing iearned counsel for the petitioner and isarned counsel for the Stats, granted iiberty to the petitloner to make a detailed representation to respondent No.1. It was further directed that respondent No.1 would consider and decide the said representation within a period of 30 days from the date of its recelpt. In the meantime, t'ne effect and operation of the order dated 7-7-2008 v/as staysd tili disposal of th^ representation of the petitioner. The Secretary to the Government of Chhattisgarh, Scheduied Castes and Scheduied Tribes Wetfars Department, af'ier alfording the petitioner personal hearing on 29-8-2006, passed the impuaned order dated 6-8-2008 (Annexure P-5) hoidSng that the petltloner was assigned the responslbility of Block Education Officer, Pratappur tsmporariiy tlil She new incumbent in ths off'ce is availabie. 3. Learned counsel for the Detitioner submits that exe'ciss of powsr in the present case is mala fjde ss a copy has been endorsed to the IWinister. Secondiy, since the add'tionai charge was given i]!l the regular appointment of Block Education Offlcer is made, the Collector has no power to cance! the assignment of additional chsrge and appoint some other officer; who is equai in rai'ik for the purpose of administration. Learned counsel for the Detitioner furiher submits that •?^'"s'^i i^Cli.i in Tne pay-scas he petitioner has been granted -sctus'er. The submlssions made hereinabove are frivolous gs the 'etitioner has not acquired any right to the post of Block Education Officer by virtue of grant of additiona! charge by the Coliector on temporari/ basis. 4 ^i'sj's yf^ l^*^-^ ^I^^E.'^I ?^^\l ' l^ca .^1 ^/•^?' ^^ •^t v^^^ "y" ViCh' •'s ^j j^4 y^.?"^?'i ?c** ^. uy^fiU i^^ni^u ULiUiis^i i^s iuy yciii.jyte ciiiU y^ty^c^a the petition and the records appended thereto. it is inforrned at the Bar tSiat the distance between Ramanujganj and Pratappur is about 10( Kiiometers and the distance behveen th.e office of Biock Education Officer, Pratappur and Government High Schooi, Karsi, Block PraiapDur is about 10 Kilometers. Keeping in vlew the d'stance, it appears that it was not possible for the petitioner to discharge his responsibilities as Block Education Offlcer on ternporary basis at Pratappur while hoiding the substantlal charge of Lecturer In Government G'rls Higher Secondary School, at Ramanujganj. !t is possible for respondent No.5, who is Lecturer in Government Hig'n Schooi, at Karsi in Block Prata.ppur itself, to discharge the responslbilitiss of Block Educatten Officer, Pratappur. Keeping in view the fact of distance and the requirement of temporary charge of Biock Education Officer, the order is just and proper. The petitioner cannot clalm any righf on account of his p6stin< on temporary basis as Block Education Officer, Pratappur, which is admittediy 100 Kiiometers awayfrom Ramanujganj. Sops K For the reasons above-stated, ths Detition is devoid o< merlt. Thus, it is disinlsssd. No order asto costs. Sd/- Satish K. Agnihotri Judge .'"-S^rfCSttBI"?;.'^-."