^/ ^^.&4rTf^^^ p.n. >---:^@S.^-^- |Stl«i-'t"%'?^(-> „.„.«»» Singlff Bencff p,esentedb^«^"|,^.&..^. i*v*t* ....—••— 'x BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0.42-/ 2-/2006 PETITIONER Mahendra Kumar Rathore, Aged about 40 years, S/o.Shri N.R.Rathore, R/o. Chandaniyapara, Janjgrr. Working as Assistant Teacher in Govemment Primary School, Khoksa, Nawagarh, Janjgir, District Janjgir-Champa (C.G.). VERSUS RESPONDENTS 1. State of Chhattisgarh, <^ Through the Secretaiy, School Education Department, D.K.S. Bhawan, Raipur (C.G.). ^o'y^'s^ !'^f fcPA 10{ ^ •^A ^\^ *~^^ ^ ^fsw*LLr1e^'^,, <~L. ^ Jljd v:sf-y»rc\'n'!':-'y :-^ -(. <••-^' '*>.. ^' o ^'s:i QV'$>' 2. The District Education Officer,,^ District Janjgir-Chainpa (C.G.). 3. The Principal,. Government Prunary School, Khoksa, Nawagarh, Janjgir, District Janjgir-Champa (C.G.) 4. The CoUector,'" District Janjgir- Chainpa (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTIQN_ _QF__INDIA__FQR_ ISSUANCE OF WRIT/WRITS.ORDER/ORDERS.DIRECTION/DIRECTIONS IN NATURE_0_F_WRLTS OF MANDAMUS, CERTIORARY OR ANY OTHER WRIT OF LIKE NATURE ETC. XI-HC-78 *11+1^1 Sb*<Tq» Tsg'^iraRTO, ®Tflu'i<o,Rdiy^ ^-.^..w^i^. ^ 200 an^T'raq? (^crfg^T) 3n^T^)TR-li<ti tTOT sn^sfT g^riq; lc. ??tITWHf?(T3I^T 17.8.2006 Shri Kishore Bhaduri.Advocate for the petitioner. Shri Satish ©upta,E>y. 6ovt. ^dv. for the State on advance copy. Heard. The oniy grievance raised by per- Rationalization Scheme, 2006 i^i case of surplus teachers in any school, then only the junior most teacher's o\ be transferred as per scheme. Whe petitioner has the remedy to file ar) per clause-7 of the rationalizatiorl Since the petitioner has available, therefore, he shouid ^ With the dir'ection aforesaid Certified copy as per rules. »t)i'iiFci41-itiiHdTfr'tei^tt.Ri-wK ^srf^R-sn^T the petitioner in this petition is that as 'e to be included in the surplus list and to 'eas, in the present case, there are many junior teachers to the petitioner, Vf.st their names have not been included in the list and the nome of the petitio^ier has been included in contravention of the scheme. Against this irregular-ity & itl4gality committed by the respondents, the appeai before the appellote outhority as scheme and the appellate authority is bound to consider the grievance 4f the petitioner', if the same is found correct accordin9 to the scheme, an^ to correct the same. equally efficacious atternative remedy re'fer an appea! befope the oppellote authority and the authority to consiiper the points raised by the petitioner'. The time taken by the petiti^ner in filing this petition till its disposal shal! be condoned in preferring the ^ppsal before the appeilate authority. the petition stands disposed of. Consequently, M.CA'.)P. No.32|S9/06 also stands disposed of. Sd/- L.C.Bbadoo Judge