•c' v b • i<33' f^ y (T 1; ,^ ?1 :?• PKIIJ ^ ,;„- (n-5 *"' 00 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition N0. /2006 PETITIONER A^ ^~^yv>s ^<^<y ^y' HON'BLE S.B. SERVICE MATTER Abdul Habib Quraishi aged about 43 years, S/o. Shri A.B. Quraishi Librarian Govt. College Utai District Durg, R/o. MIG-1, 1027, Hudko, Bhilai, District Durg (C.G.) VERSUS RESPONDENTS-,<-?>:1. State of Chhattisgarh ^ Through : Secretary \J-^•ry- \??>i>> Department of Higher Education Mantralaya D.K.S., Bhawan , Raipur (C.G.) ^2. Deputy Secretary Department of Higher Education D.K.S., Bhawan , Raipur (C.G.) 3. Principal Government College Utai Dist. Durg (C.G.) 4. Shri Devendra Tikariha Resident of Durg, Tahsil And District Durg (C.G.) WRIT PETITION U/A 226/227 OF THE CONSTITUTION OF INDIA ..^:... "^-SfSySSS^SSS'S-x-^T^' / s ^. 's. ^5[ ^t*llcltl,.:®-rttylt®,'.fa^it>Mli;< ^ - l^f Sol-fZODfc an^r 1n^r (lj°il^«<^ 033 •T ^}5ff"fT 3a3a20C Shri N.K. Chattenee, cf+inse! forthe petitjoner. Shrj G.K. Beriwai, Dy.jAdvocate Generai and Shri Satisn Gupta, Dy. GQvt. Advocate ror e Steje. ' Heard. E iy this petltion under ^rtica'e 226/227 of the Constiiution of india, the petltiQner is chaltengiila the transfer order datea' 10-2-2006 1 • . . • (Annexure-P/1), by wnict-i h4 has been transferred from Government Coiiefle, Utai, Oistrict Durg to povernment Coilege, Kohk'a iTltda), Disfrict Raipur. The Detifoner is wori<ting as Libranan. The contentton is that{he transter order has been issu^l during the ban Deriod. Learned counsei referreu to document Ann^x-ure-P/2 dated 7-12-2005 wherebv the Princjpai ilad intimated the Ctimmissioner, Higher Education that the post of Librarian is not avaliabie s. the petitioner is worxing, therefore, joining of respondeni Nu.4 Devenura STikariha, cannot be possibie at Utai (Durg). iv-ide order dated 6-2-2006 (Annexure-P/3), he payment be made to respondent No.4 Leamed counsei subrnits that! Joint Director, o'irected that Devendra Tik'ariha frorn the v^cant post of Spofls Officer of Government Coltege, Kohk'a-Nevra (Raipi|r) from 1-12-2005 tijl further orders. The i' uuestion raised is that oniy t4 accommodate resDunuent No.4 Devendra Tikariha, Annexure-P/3 has &qen issued. it is also stated that the transfer has been made in contraventlon of ihe transfer Duiicy. Learnea' counsel submits that the children of tt^e petitioner are studying in class 11 & 7 and because of transfer the jeducanon of fte chii'dren of the petitiuner 1 wouid be adversely affected. 1 GRPRJ—P' \QO. S^'g^6^^^^^^!^. iIcTO, 'S^ ET, ^^nwi6,'ra^TFfy [^)f> QfO^V30^ 3!1^TqiT1S;fe '^<- £2 Gowri L- Learned counsel for the directed to submit represental respondents, which shali be co| Having. considered and merits of the case the peti^ represenration ratsiny nis grievi resuondfinis wiinin a ueriuu rspreseDtation being filed, the shail decide the same on its owl as possi&ie prefera&iy'within a| receiot uf reDresentatJon. It is] remains, the petitiuner may avaii| Btate submits that the petitioner may be [ion before the competent authority of hsi'a'ereu and decided on its own mersts. Iwithout expressing any optnlon on the foner is directed to mak-e a detaiied bnces before the comDetent authonty of petiuoner has not bsen relieveu. in vlew of the above, it i^ continue, tiii tfie representation i^ Vv'itn the aforesaid observ'l ,4 ^ of 15 days from today and on such competent authority of the respondents 'n merits ln accordance with law' as eariy period of favo months from ihe date of made ctear that if any' grievance stiii tnQ rsmsdv svsliabls unucf tns f3W. ^•^-.f -^^£lldL 3fl^ J*.^"A<^^ "^ ^-c¥ • =E^? ^-^. Slz"i *4ld^ •^^t^^l.-^t ^fl? 3 ^a^^^-^'J^, A Learnea counsei ror ir^ Detiiioner suDmis inai 1111 uaie ine He prays for grant of jnterim reiief. uirected tnat the petitloner be altowed to decided. ^ A^ ations, tnis petition stands disposed of. Consequently, M.CvV.).P.I1(0.703/2006 aiso stands disposed of. ueniTi^o copy 33 p^r ruis^. i- Sd/- Fakhruddin Judge Gi.DRJ—FS/350—12/2000—50,000. ^