^ siMGLE eEWCH IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR W.P.No.^^^/2005 Petitioner^4^ ^'^y ^s^ 'y ^-" ...&''/^\-t*' ^••^'y 1<:>'". Rd^pondents 1) Maikel Satish Kumar Khalkho, S/o Rawal Khalkho, Aged about 40 years, Presently working as Assistant Teacher In the Tribal Primary Girls School (Pongro), Block Kansabel, District - Jashpur (CG), R/o Rajeev Nagar, Post - Kansabel, Tahsil - Bagicha, District- Jashpur (CG). Versus State of Chhattisgarh - Through the Secretary, Tribal Welfare Department, DKS Bhawan, Raipur (C.G.) The Commissioner, Department, Raipur. Tribal Welfare c^^ The Assistant Commissioner, Tribal Welfare, Jashpur. Kumari Mushrat Jahan, D/o Shri SAHussain, Shiksha Karmi Grade - III (Urdu) Primary Girls Tribal School, Pongro, Block Kansabel, District - Jashpur, Presentiy R/o Kalyan Ashram Marg, Jashpur Nagar, District- Jashpur(CG) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTJTUTIQNOFINDIA 5^ XI-HC-78 mflc^r^TT^ ^•c/q-r<iiqic»'y,y>-alw<ico,Rrtwyx ..^.'.f...^.?....^..l.5.1 3TT^^T93TR^i<h ^ffan^^TaRN? '^ 3n^?Tt^q?(^c|ij6|<g) ^2001 ?';Rffwr^r^r 3TT^^T 27.10.2005 iri P.Diwakar, Sr. petitioner, Shri P.S. Koshy, Depj respondents no,l, 2 and 3 on a^ I.A.No.9064/2005 This js an application f<\ on Board. This interim applicat W.P. No.5197/2005 Heard, The petitioner, whois p^ Tribal Primary <&iris School has been transferred from Bagicha vide order dated 31.^ transfer order. Leamed counsel submit^ the said Schooi at Pongaro. is respondent no.4, who thoug!^ School, Pon9ro being run by ^ Joining in the petitioner's sch< has beconne 4 and the petitior^ A|dvocate with Shri K-S* Pawar, for the ^sty Advocate fieneral for the State/ fvance copy, r urgent hearing. The matter is taken up ion stands disposed of, q?l<4fo<n<1 TPTOf ^' fe^<<Fjt^l^ i»!3ri^T3n^9T tesentiy working as an Assistant Teacher in (P^ngro), BIock Kansabe!, &istt. Jashpur and fongaro to Primary School, Mudhi, Block 1,2005; haschallenged the vaiidity of his that the the totai strength of teachers in 3 and as an effect of the appointment of has been appointed for Sovt. Primary |chooi Education Department, but with her ^olof tribal department/the strength |er is being treated GS surpius and for this ^^ <d-cn •^4i«irt«,u>TTl<<-i<ia, Rrtiti^ ^.f.^O- *ll*ini m^TTq» an^^TcpTf^TW ^TT3;n^^Tw4ii<p \. 1»». -. A,.- 311^51 q^P (<jc|i^<i|cg{) ^2003' ?^?TTWr^Rd 3ff^$T -?.- reason, he has been transferl vehemently submits that in f< for Schooi Education Depai ailowed her joining in the sch the petitioner was working ar or aitered then the petitione Learned counse! for t^ petitioner rnay' be granted before the concerned auth< directed to dispose of the period granted by this coui interim protective order be representation is decided* To this prayer, made fc as it reiates to filing of rept jearned State Counsel has no that any protective order jeopardize the interests of place of the petitioner, Considering the facts that the petitioner/ if so o <pi<ilo<ni +ii<icoT^fe^l ^Rix^i<< ^3rf^T3n^$T |red from Pongro to AAudhi, Learned counsel jict, the appointment of respondent no.4 was |ttment and she could not be posted and |3o! of the Tribai Welfare Department vvhere d if her joining to the said schooi is changed wouid not be treated as surplus, e petitioner prays that for the present the iiberty to fiie a detaiied representation rity and the concerned authority may be said representation withjn the stipuiated ^t. Learned counsei also prays tiiat some [passed in favour of the petitioner till the |y ieamed counse! for the petitioner, so far fesentation before the concerned authority, [objection/However, he objects.and submits ^assed in favour of the petitioner would the students studying in the transferred 4nd circumstances of this case, it is directed dvised/ may file a detaiied represenfation SP/FS/2005-20,000 XI-HC-78 ^JwT T^ iq lrt<4, IPTTlwKo; fqrtKiy^ ^i^rtia?TT^ i3-p- ^o-svsn '••^200^ OT^^Tq^f^TN? ?P1T3:Tr^$Td)^J<h \. ^r ^) ? L^ 3TI^?Tq^^ ("ifri^I^) ^^ff^R^rf^Ff 3TT^$T -'L— : raising all his grieyances befor of this order and copy of thi^ from today and Ifsucharepr^ shall dispose of the same as of one month from the d^ representation, Since I am granting a sh as prayed by iearned counsel that the status quo as it ob posting of the petitioner shall of 8 weeks from today, This| weeks shal! stdnd automaticali^ With the aforesaid ob^ finally disposed of. Cons&quently, M.W.P.No. C.C.as per ruies, Cpl<([c)<nv1+1MC)I'^'feI^\RlfCIK ^STf^TCT^ST the competent authorit/ aiongwith a copy writpetition within d period of 15 daysd ;[sentation is filed, the concerned authority €|xriyas possible preferably within a period ^te of filing/receipt of the aforesaid |)rt time for disposat of the representation |or the petitioner, I do hereby aiso direct Itains today in relation the transfer and be inaintained by the parties for a period direction of status quo for a period of 8 vacated after lapse of the said period. |ervations/directions, this petition stands .[4207/05 stands disposed of. Sd/- Sunil Kumar Sinha Judge '>-