l^.-.-^^cJ^ * -•^0^" ^giS6^" • 3 [^.•""" W THE COURT OF CHHATTISGARH AT BILASPUR /' WRIT PETITION No. J<s T^? OF 2005 Aa";I PETITIONER : ^yr.Saroj Kumar Mishra aged 59 years, son of Late Ram Lakhan Mishra, Officer on Special Duty, Directorate ofHigher Education, Raipur (C.G.) RESPONDENTS yi. VERSUS State of Chhattisgarh, through the Secretary, Education, Mantralaya, D.K.S. Bhawan, Raipur. •^',2. Commissioner,'Higher Education, Bilaspur ^ 3. Smt. Sarojani Kurmi, R7o. Seepat Road, new Sarkanda, Bilaspur. WRIT PETITION UNDER ARTICLE 2^6/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN THE NATURE OF MANDAMUS, CERTIORARY AND/OR ANY OTHER SUITABLE WRIT OF LIKE NATURE 49 XI-HC-78 •HIHrtl ?SW ^E^^narcra, ^>WR, ft«wii< ^,P.Mo,3o^.......... W^200 5 W^STWft-li* vns^wss^w 3II^9TIR^(licl(3sl<E() g^nwnfteisi^n 18.7.2005 I.A. Np. 5997/2005 *'iylw<il^ NlldTit'fe^ 'tfa'^l't ^arf^iT-siI^aT This is an appUcation for urgent Application is aUowed. W.P.No.3076/2003 Heard Dr. N.K. Sbulda, ^r. Advocate with ShnShailendra Shukla, for fhe petitioner and ^hri Aldul Agrawal, Paael Lawyer who appears for the State/ re^ copy. By this writ petition fili pondents no. l aad 2 on advaace ;d under Article 226/227 of tfae Constitution of India.fhe peti^oner has challenged ftie legality a&d va.idi.ly offtie unpugned o^ders dated 27.12.2004 (Aniiexure P-8) and 24.6.2005 (Annexure]P-ll). Auaexure P-8 is au order by which tbe petitioner was |transferred from Naveen Kaaya Maha Vidyalay, Bilaspur^ whe)re Ue was holding the post of Incharge Prmciple,to the Direc1|orate of Higher Education on fhe post of Officer on Special Du^y (OSD). Thereafter, now vide order dated 24.6.2005, he ^as been transferred from fhe Directorate, Raipur to Goveniajient CoUege, Ambagarh Chowki, Distt. Rajnandgaon on the pos1] of Professor in Hiadi. Leamed counsel for tbe petitioner subm|its tbat ia response to -the order Annexure P-8, the petitioner |had ak-eady joiaed at Raipur. However, just after a few monf(is, now he bas been directed to y to Ambagarh Chowki. On tl^e one haad, leamed coimsel for fbe petitioner submits that th^se orders are the outcoine of I^S?Si^^^il^^^^^^^':;;: iqi^SB^n^ 3H^?I q?iP (4c|(^e|^) 3II^CT.WTR'ii<i) nwsniaTAHi'b ®CT<R^ffia311^87 -2' hdnd mafiy wotild Bil^spur nialafide and on the other fhe j6equent transfers of the Learaed counsel also submits guide for Ph.D., in Hiadi University, Bflaspiir, an(i his guidance, therefore, It ncw place of postmg which is| of Ravi Shankar University, R^upur. Leamed counsel also sih in the aear by coUeges of Ghasi Das University and y institutions, he inay serve bet(:er Learaed counsel for thd: ftie submissions of fhe petiticjner. is an ex^ency of service traasferable post, can be pos^ed his own choice ia the tenure dl During fhe course ofajr; petitioner makes a limited p+ayer petition niay be disposed ofw|ifh a detailed representation bef^re State Goverrunent and thc Stdte of fhe same as early as poss^ble the petitioner are considere) passed. he also subnuts that ttiese are Ipetitioner in a short spaa of time. that the'petitioaer is a recognized Uterature froin Guru Ghasi Das students are doing Ph.D. under be difBcult for liim fo go to his I aa iustitution under fhe afBliatioii *|<lfd41'1 *111dT^'lstd >(fut'(^1'< ;B3ll^I3II^?T ^bmits tliat maay posts are vacant under the affiliation of Guru fhe petitioner is sent to those to fhe students doing Pb.D. [. State on the ofher haad opposed He submits fbat fhe transfer and -no person, workiag on a at one place or at the place of his service. 'guruents, leamed counsel for the that for fhe tiiae being, fhis a liberiy to tfae petitioner to file fbe Secretary conceraed of the authority be directed to dispose hle so that fhc grounds raised by Sl aad a suitable order niay be i-IC-78 vjw|'^l|A|lrt<<,tf>Tll<(1<t<»,felrtl-friy^ HIHriia»m^-•••••••-•••••--•--—••^^200 3TT^?T CR'P ('iclijisl^) aii^CTwR-ii* ^vs^wss^v 3^isR^ri8g3ff^?T 3-t <i)i<ife<I1t ii«iwl'^''fe'<9'(lui'tsit ^?3]f^T3ii^?r nc ir f5cuo Couslsel afad •picseat^tion To this Umited prayer petitioner, leamed State Consideriag tbe facts petition is disposed of wifh 4 detailed representation raisi(i; concemed secretaiy of fhe St4 today aud if such a repicseat^' the conceraed Secretarv shatl early as possible preferably fhe date of receipt of fhe facts and circuinstaaces raised by the petitioner. This Court herebv diit impugned order contauied u4 shaU be kept ia abeyance for diiring which period, the repr| shaU be disposed ofby the Accordiagly, this petitio|l C. C. as per rules. Vtt saBd arid inade byaleamed counsel for the has no objection. circumstaaces ofthe case, this Uberty to fhe petitioner to file a ig aU his grievaaces before the L(e withia a period of 10 days froni is filed by fhe petitioaer then be obliged to decide the saine as ithia a period of one montti fi'oin representation considering fhe also considering the grounds icts that in the nieaawhile fhe Annexure P-11 dated 24.6.2005 a period of one nionfh froin today, ;sentation if filed by the petitioner Stdte staads finaUy disposed of. Sd/- Sunil Kumar Sinha Judge