A I?i. i!iit!ltiSs.^ltfasata»-^u'.S ffia-ai=£ BEFOBE HON'a.E HISH GOURT OP CHHftTTISOARH AT BILASpUR(CO) W.P. <-6C 2003 Stngle Bench.; Petltioner SMT. SUDHA BHAT W/o Shrl Rajendra Bhat age<3 about 39 years Assistant Teach^r Govt. Prlraary School Shada Para, Camp-2, Bhiial Tah. & Dlstt. OURG (G.G.). R/o D-207 Housing Board Colony, Ralpur Naka, DURG (GG.) . ^1.^ A^K- "'y, (^'' ^.-•^1''. \7BR3US . w A-t ^y^o^ ..^y^ A&' State of Ghhattis^Srh Through - Secretary Sehool Eduoa'tion Dei»rtment, Bovt.of Shhettlsgarh Mantraisya, D.K. Bhawan, • Raipur (M.P.). State o£ Madhya ^-adesh Through '- Seeretary School SdaGBtlon Department Oovernment of Msdhya Pradesh MaHtralaya BHDPMi (M.P.) . Secretary Soheduled Caste Sabeduled Tribe atad Backward Glass.Welfare Department Government of Chhattisgarh, Mantrelaya . D.K. Bhswan, <3 .E.Road, RAIPUR (C.G.') . Gont<3 •. • • .2 :IE1 © 4. District Educatlon Offlcer, DORG (O.G.) . 5. Prinsipal_ . Oovernment Higher Sgcondary School, Housing Board Colony, Industrial Area, Shilai, Tahsll & District - DUR8 (C.G.) . 6. Head Master - Government Ffimary School, 'hardapara Camp-2, Bhllal, ' • Tah. & District - DURG (C.O.) . 7. Chairman / Presldent Madhya- Pcadesh Re-organizatlon Cell, G.A.D. ' — - Vsllabh Bhawan BH3PAL (M.P.) . EETITION UNDER ARTICLES 226 ^'227 OF THE CONSTITUTION GF INBIA. ^-J-y XI-HC-22 3^'^IFtRTlT, »TTlyis,Rlcll+fy 3ll^i ^iacb 11HMI Sh<4|ctl ---••••••--•••••-y- g^- -200 f^% an^TqiT f^fNi-w^r Sti*ll°ti df?cT ShHI* 3f1^T5^tITWfff?(T wfefrr WRJY ff tecft-if^reCT: ^sri^iTsn^r 21.09.2006 Shri V.G. Tamasakar, Courlsel Shri Sushi! Dubey, Go.vt. Af 3, 4, 5 & 6. Heard finaliywith the cons^nt ofthe parties. Order dictated as foltows : for the petitioner. Jvocate for the Statefrespondents No.1 , (21 bl/ Carfip The petitioner, who has be^ on the post of Assistant Teach| questfon the action of the State, School Education Department Primary School, Shardapara (C.G.)| whteh betongs to the| expressed by various orders tha^ the Triba! Welfare Department in treated as an employee of the as we!l as posting in the School has to be cancelled. The brief facts are that the Welfare Department in the erstwh| husband was allocated to the Board, she also made an opf|i Chhattisgarh and on her option, was issued in her favour by the| 08.200SI ^n allocated to the State of Chhattisgarh >r in a Primary -School has caiied in t^ which, the State after herjoining in the j)f Chhattisgarh and posting in Govt. -2, Bhilai, Tehsil and District - Durc School Education Department, has since her services initia!ly be'onged to State of Madhya Pradesh, she wi!l be »1 Welfare Department and her joining [belonging to the Education Department tie Trfba Ipetitioner was an employee of the Triba! |le State of Madhya Pradesh. When her $tate of Chhattisgarh In the Electricity |ion to be allocated to the State of ^n order dated 4/2/2002 (Annexure P-3) ISchoo! Education Deoartment and she XI-HC-22 ^7" an^r^iT R-fiebsn^r Sbtf flf5(T T°?-^WM^, »-rfl*f'16,(afdlUy Sii^i ^ach HWfll sh*11«h •••••••••••••••••• j" ^p]- 200 {^g an^r OTdTW flfsff -z- joir|ing iateid takejn by petjtioner Prtdesh was given posting in ths subsequently joined. Thereaft^r Annexures P-9, P-10 & P-11 wel' by the order (Annexure P-10) is^ that after cancellation of her joir|ir her services are being repatrii logic behind such an action the parent department of the and in the State of Madhya deputation to the School Educat|i permanently retained in the Sch4 be sent back to the parent Chhattisgarh. Learned counse! for the j^l was givsn joining in the State Department, which was the petitioner in al! her choice acij;e was given joining in the School case may be considered as has| Department and in the scenari^ treated as a deputationist in th4 servtees cannot be returned bacl submission of learned counsel petitioner as a deputationist in ended after the re-organizatiot Chhattisgarh should be treated bf altogethjer <tii<<t<-i41-f iiit-ii' ff te^t' <Ri«i< ^i 3:rf^R'3IT^?T foresaid Primary School, where she r, the cancellation orders contained in re issued and it was directed, particularly sued on beha'f of the State Government, in the Schoo! Education Department, to the Tribal Welfare Department. The the Government appears to be that was the Tribal Welfare Department itsetf, her services were given on on Department, therefore, she cannot be icl Education Department and she had to department, though in the State of [^titioner submits that since the petitioner Chhattisgarh in the School Education ^er a nev' action of the Government and ;ij;epted the aforesaid joining, because she ^ducation Department, therefore, now her been absorbed in the School Education of the new State, she should not be Schoo! Education Department and her |c to the Tribal Welfare Department. The the petitioner is thaf the status of the the erstwhile State of Madhya Pradesh ti and her allocation in the State of a fresh action of th^GQyemm^t agd_ *r as XI-HC-22 an^T^ R-fi+sn^r SiWn'Q^S 3ST ^IMW^, W-^WIQ, Rxil^y Sll^l i^acb .U.P.No. 56o/l^o^> imTpTTaOTI^"""""""""/" H^ 200 f^% sn^T5RITWfll5(T -- 3 ol 'iss^l Stalte her case should be treated as i1| Educatfon Department instead State also. An application for dismi; !.A. No.7667/2004 by the app!ication, an order issusd by Annexure R.A has been filed. l-earned counsel for the re^ order, al! the impugned orders of ultimatety, ths services of the] continued in the School Educaticjn she wil! work in the said departm< the erstwhile State of Madhya Pra^c !n view of the above 22/9/2004, all the impugned ordeijs P-10 and P-11 ars superceded on the face of this order passed fo whether the services of the Schoo! Education Department o| Education Department as per her| Shri Tamaskar submits thal face of the order dated 22/9/200ff |iven an opportunity to file a detaj authority making prayers for treat Education Department and 'ri absorption in the Schoo! Educati^n wifefl^ iWRrr ff te^t rfSFRK ^ai^cran^rr she has been absorbed in the School treating her as a deputationist in this of the Writ Petition has been filed vide Alongwith the aforesaid interim e State Government on 22/9/2004 vide t6t spondents/State submits that by the said this petition have been withdrawn and petitiQner have been allowed to be Department and it has been said that ^nt on deputation, as she was working in aNesh. 4rder passed by the Government on of this Writ Petition vide Annexure P-9, in fact, the petition can be disposed of the State except for one contention as •t|tioner can be held to be absorbed in the st- she can be absorbed in the School 'k;hoice. a| this petition may be disposed of on the 3() (Annexure R.A.) and the petitioner be [led representation before the concerned apng her as the emptoyee of the School aitemative, for taking steps for her Department, if ac''otriina_tQ_thejzi!e^ atid ^y pet|tioner ^^ XI-HC-22 an^rqiT f^;iN;3:n^r s»i*iiqigfscr ^ ^: ,'a; 'S^ "i|l'41<-f-4, ©ifl'H'16,Rfliyy _.W'P.Mo.,A60/2^0^. *111MI fhW«n•••••••••••••••••• y g^ 200 f^% sn^T^gTSiTCHfStT - ^ teanlied she cannot be treated/or obsfe Education Department as an organization and the !aws operatj This prayer made by of the document- Annexure R.AI the State. The same is allowed. On the face of the order (Annexure R.A.), which Petition is disposed of at this stafe detaiied representation before tl^ and 'f such a representation is f| decide the same 'n accordance law of re-organization and also 't and rules regarding deputation| particular department. The petition stands finally No order as to cost. Certlfied copy as per rules) 'rved as an employee of the School ofthe coming into force of the State re- ng in the field. counse! for the petitioner on the face is not Qpposed by learned counsel for superc^ded .tafae sbl'i|Ifl'Ifl-< WHW if fscfl <R|W!< ^3rf^IT311^T ^assed by the Govemment on 22/9/2004 all the impugned orders, this Writ with a liberty to the petitioner to file |e Government raising the above points led, the Government shal! be ob'iged to |with law specialty with reference to the ^i'th reference to the prevailing principles and absorption of an employee In a ^isposed of. Sd/- SuniIKumarSinha Judge (^^ir) :"!'» li^liS