EIGE CQ$RT OF CEEEKEL‘EESGARE§ 3§LAS§P§R “$.13” éS; §§‘a.456??2{?£§? WEI? yETiTEQE‘E $§€§UER 5%RTKCLE 22% OF TEIE QGE3TET‘UTEQE‘3 9F ENELA Agaaearmme: Smi R, S Patel? Cougsel fer the petitioner. Shri Yashwam Singh’ Govt. Advocate, for the State on aavance copy. same, eemm geeeegoeeg $3§Hz KEEEIEXR SIEEf3, J, Heard Emily with the consent of the partiee. The petitioner, who is working on the post of Upper Division Teacher, has chal’zenged his ordex‘ of transfer oatec‘i 20.7.2007 {Annexure P-l) W‘hex‘e‘i)y he has been. traosferred from Government Middie Schooi, Pueaur to Govermnent High School, Borgia, Baramkela, on admim'strative exigency. Learned couneel for the oetitioner argues that the date of birth of {he petitioner is 12.1. 194$ {Annexuye P-Q}, according to which, the yetitioner is ‘io retire 011 31.01.QOO$. He aiso argues thai according to Clauee 7 of the transfer poticy dated 13m June 2007, 1C the employee is PETETEQNER Jagdeesh Prasad Cheudhari, Sfo Late Shri Prithwi Raj Chaudhari, agsci about 62 years; Ugpm‘ DiviSiom Teacher, Govt. Middle $011001, Loharsingh Raigarh :’{C.G.) R€sidant of viHag6 8a Post Kondatax‘ai, TahSii 8a Distt. Raigarh {CG} memaw @$PQ§§DE§§T$ 1. Staie of Chilattisgarh Through Secretary Educatign Department, D.K.S. Bhawan, Raipur {CG} {QQ} 2. The Diistrict Ec’iucation Ofiicer, Raigarh, Dist/L Raigarh {0G} 3. The Coilectm‘, Raigarh, Distt. Raigarh (CG) 4. Block Education Officer, Pusour Diem Raigarh {0G}. wuR éS‘g Em%5§’?f 2&3? at the V€rge of retirement and one year period is oniy left fer retirement, hie case is to be governed by the provieions of the said ClauSe. He submits that in this manual) the order of transfer iS 1'11 viciadon of transfer policy made by the Govez‘nmeat. Having heard learned couneel for the petitioner as aiso the State 001111361 and a 'ter gomg through the contents of trailsfer order as well as Certificate AnneXure P—2, in which, the date of birih of the petitioney has been mentioned as 12. 1.1g46 and the contents of the trailsfer policy vk‘ae Clause 7, in the oyinion of this Court, ends or" justice would be served Lf the petitioner is directed to frle a repreeentation before the corrcerned authority invokmg the provisions of Clauee 7 of the transfer polio; framed by the State. Accordingly, thie petition is disposed of Wizh a direction that the petitioner, if so advised, may tile a detailed representation oefore the concerned authority Within a period of 3 weeks from today alongwith a copy 01" this order and coyy of this writ petition raising his grievances _ and if such a regresentation is filed, the concerned authority shall dispose of the same as early as possible greferably within a period of ’2 months from the date of submission of representation. it is further directed that in t‘ne meanwhile, the oetitioner shall not be relieved from his present place of posting i.e., Govt. Middie School, Loharsingh, Pusaur and shall be allowed to continue there. With the above direction/observations, this petition stands finally disgaosed of. I 1 / i Sd/- Sunil Kumar Sinha 7 Judge C.c. as per rules. J r / Rae [