Girdhai-i Lal Chaiidrawanshi, S/o Shri Barain Siagh Chaadrawaashi, Aged about 43 years, R/o Vfllage Mohera, Tehsil Kurud, District Dhamtan (C.G.) 2 ^- State of Chhattisgarh, Through fhe Secretary, Govemiaent of Chhattisgarh, Department of Scheduled Tribe ao.d Scheduled Caste Developinent D.K.S. Bhawaa, Maatralaya Raipur (C.G.j The Secretary, Govemnient of Chhatdsgarh, Departinent of School Education D.K.S. Bhawan, Maatralaya, Raipur (C.G.) The Coinmissioner, Departruent of Scheduled Tribe and Scheduled Caste Developinent, Pt R.S.U . Campus Raipur (C.G.j The Additional Director, Departm.ent of Scheduled Tribe aad Scheduled Caste Developinent, Raipur {C.G.) Block Education Oflicer, Maiapur, District Raipur (C.G.) Bhaauiain Ratre, Assistaiit Teacher, C/o Block Education Officer, Maiapur, Dista~ict Raipur (C.G.) CONSTITUTION OE* INDSA Shri Shyain Tekchandani, Coiinsel for fhe petitioner. Ms. Suiiita Jain, Paael Lawyer for ftie State/respondents No. 1 to 5 on advance copy. E 'ij (05.10.2007) Heard finaily wifh the consent of fhe parties. The petitioner, who is working on flie post of Assistant Teacher, has chaUeuged the legality, vaMdity aad proprietaiy ot' .^ <I)-!-''LI___ W.P.(S5No.58S7 of2007 the order dated 19/7/2007 (Acmexui® P/l) passed by the Additional Director, Tribal Developinent Department, Raipur (C.G.). Accoidiag to fhe said order, iuter-depai-tmentai traasfer on mutual basis has been allowed by fhe Goverruaent. The said order says that fhe petitioner, who is workiug at Ashrcan Shata Badegobra, Block Mainpur, District Raipur (C.G.) wiU go in place ofrespondent No.6, who is working in Primaiy School, Jadjada, Block Gariyabaad , District Raipur. Vide para 2 of the order, it lias beea lae.atioaed that the seniority of fhe persons goiag on inter-departmental transfer shall be niamtaiaed on the basis of date ofjoiniag ia tiie respective department aad the persons so joming shall be kept at fhe bottoin of fhetr cadre. It has been veiy specifically mentioned ia para 3 tliat if tiie aforesaid conditions are acceptable to the persons, then only, they should be reUeved. It Iias further been Baentioned vide para 4 itself fliat if fhe conditions are not acceptable to the persons, fhe order of inter-departmental traasfer shaB be deeined to be cancelled. Learaed counsel for tbe petitioner submits that the above coaditions pertauttag to the seniority were not acceptable to fhe petitioner, therefore, he filed a representation vide Annexure P/3 betore fhe concenied aufhority wirh copies to other authorities aud pi-ayed for passiag an expressed order of caaceUation of transfer, but no order has been passed on tiis representation so far and Iie has been relieved ex-paile vide order dated 09.08.2007 (Aanexure P/2). Leamed counsel ftutber sutomits tliat when fhe conditioas were not acceptable to flie petitioner aad he Iias filed a represeutation, he should not have been relieved ex-parte from. his present place ofposting. I have heard leamed counsel for fhe petitioner at length and have also perused the records of the petition. Adnuttedly, fiie orier (Ann.exure P/ 1) is a conditional order, in which, there are conditions as aforeaientioned and it has veiy speci&catly been nientioned iii fhe order that if tlie conditions are not acceptable to a persou, fhe order shaU be lield to be caaceUed for ]iim. ^^ ;£_ iLfc'< ^ ^ W.P.(S)No.5887 of20U7 In view of fhe above fact fhat when the conditions regardiug seniority wen; not acceptable to fhe petitioner aud he has filed a repiiesentation, certamly, he should not bave been relieved froiu his present place ofpostiug. Accordiagly, in view of ttie coiiteuts of fhe order dated 19/7/2007, fhis petition is finally disposed of with a direction that fhe representation filed by fhe petitioner before ttie conceraed auftiority vide Annexiu-e P/3 shall be disposed ofby it within a period of30 days froni the date offUiag ofcertified copy of fbis order aad a copy of ftus writ petition aad fhe outcome of fhe representation shall be coinraunicated to the petitioner. It is further directed fhat iii view of the clear cut provisions in the impugned order itself, tlie petitioner shall not be sent to fhe transferred place aad he be allowed to continue at Ashram. Shaia Badegobra, Block Maiupur, District Raipur (C.G.) tiU fhe decision of the representation. The petitioner shaU be obliged to file this order and above docuinents ivifhui a period of 15 days froin today. suwl K-um^ ludge Sin'"a Shyna