FIF <''3 c , iS, v^^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.NO.^l^-^12004 PETITIONER: Dr. Ram Swoyamber Tripathi - S/0 Dr. Balmik Prasad Tripathi Aged about 60 Years, R/0 E-3 Krishak Nagar Tehsil & Distt. Raipur [C.G.] VERSUS d>- RESPONDENTS: [1]1ndira. Gandhi Krishi Vishavidhalay Through Registrar Krishak nagar, Raipur. (Chhattisgarh]. ..<l^\ .>:'.'At;?>"J?lBoard of Management ^ \--'"^9> ^-.--"^^ ^ ..••••"'^'^' 1 •—" <^.' pf' '^ ^ ;<• Ttirough Secretary Indira Gandhi Krishi Vishavidhalaya Krishak nagar, Raipur. [Chhattisgarh]. ^ .^ A-y' ./•• [3] Vice Chancellor Indira Gandhi Krishi Vishavidhalaya •^- Krishak nagar, Raipur. [Chhattisgarh]. [4] State Of Chattisgarh Through Secreatry . Department Of Agriculture D.K.S Bhawan Raipur. [Chhattisgarh.] [5] Indian Council For Agricultural Reserach Through Secreatry, Krishi Bhawan, Dr. Rajendra Prasad Marg New Delhi. ^ [6] Academic Council Through Secreatiy ^- Indira Gandhi Krishi Vishavidhalaya Krishak nagar, Raipur. [Chhattisgarh] WRIT PETITION UNDMt ARTICLE 226 / 227 OF__TEm CONSTITUTION OF INDJA FOR ISSUANCE OF WRIT IN_THE NATURE QF MANDAMUS. CERTIORARI ETC OR ANY OTHER DIRECTIONS OR ORDER TO DO JUSTICE IN THE MATTER. DETAILS OF THE PETITION ^BET <^i<i|ri<i, wTTIti'ic, f^c5reg^ aTi^TTTR-ii* aaiTSII$?t!Btira> ^qf^ .^.^-^^- 3T1^?1VSV (yil'jl'a) W^ 200 g^n8R^fScT3II^?I Mr. Sunil Ottwani, learned Mr. B.D. Guru, tearned cc Mr. Pankaj Shrivastava, tbl^fri'd'l *ll*ldT<ffa'd tl"it<;i'( iRsiRman^T counsel for the petitioner. unse! for respondents 1, 2, 3 & 6. ^arned Pafiel Lawyer for the State of Chhattisgarh. Mr. S.K. Beriwal, leametl Centrat Government counsel for respondent No.5. The present petition fil^d under Article 226/227 of the ConstitutiorT" of India impugn^ (Annexure P-1) whereby the p^ the post of Professor and HOD, of Agriculture, Raipur to Shahee' and Research Station, Kumhraws the orderdated 18.08.2004 titioner has been transferred from Department ofAgronomy, College |f Gundadhur College of Agriculture |nd, Jagdalpur a.s Acting Dean. Learned counsel for the p^titioner submits that the petitioner was appointed as Professor / S^nior Scientist in 1985 at Varasivani and transferred to Zonat Agricuit4re Station at Jagdalpur in 1986 by Jawaharlal Nehru Krishi Vishwavi the present University i.e. Ind came into existence under provi dyala, Jabalpur. In the year 1987 ira Gandhi Agriculture University iions of Indira Gandhi Agricuiture University Act, 1987. The petitio|ier was working as Professor and HOD, Department ofAgronomy, pollege of Agriculture, Raipur on a pay scale ofRs.16,400-22,400 ^Annexure P-4). By the impugned order, the petitioner was tran^ferred to Shaheed Gundhadhur College of Agriculture and R|esearch Station, Kumharawand, Jagdalpur. The petitioner has st^ted that in the said College there is no post of Professor which c^rries the pay scale of Rs.16,400- SP/F&^ .;n ;•':'!•WP!"»p"w g®sT•^ll^lri'y, t»Tfl'<i"is, fini'ay? i; .V... U.O.'. •Sa A^^i t--l-••..•.••—• an^^iw's (yilgita) sn^siwR'fi* t]2)T3II^?IsbMi<b g^irw^Tftnsii^t ^^ 22,400 in the Department of P-8 that there is a post of Dean | posts of Senior Scientists at th^ various subjects, The petitiol- transfer order is bad as it amol Professor. The pstitioner furthe) indieates that the petitioner wa^ Dean and there is no substantivi) transfer order Is bad. During respondents University has paj appointing Dr. S.K. Patil, Chie| Agriculture, Bastar as Dean in t( Research Station, Jadgalpur. passed any order about postingl joiney his original place of postin| in the Department of Agronomyl place. Agr^nomy Learned counsel appea) submits that there is no post Agronomy in Shaheed Gundhatthur Research Station, Kumharawand, protect his salary and other ben< same pay scale may be tran| College of Agriculture and Jagdalpur. Learnsd counsel fdr a position to justily the Impugned cbl«fd41'<inc5t"fffec8 •<Rlt<;lx ^isiRprariRT It is evident from Annexure carrying the same pay scale and 6 pay scale of Rs.12,000-18,300 in ler contends* that the impugned jnts to reversion from the post of contends that the impugned order transferred to the post of Aeting post of Acting Dean as such this the pendency of this petition, the fesed an order dated 18.07.2005 Scientist, AICRP for Dry Land re S.G. Coiiege of Agriculture and respondents.University has not |of the petitioner as to whether he b at College of Agriculture, Raipur or he is transferred to any other The [•ing for respondents University o|f Professor in the Department of Coliege Qf Agriculture and Jagdalpur, Hqwever, in order to . ^ i^fits, the post of Professor with the ifeferred to Shaheed Gundhadhur R^search Station, Kumharawand, t|ie respondents Liniversity is not in idrderdated 18.08.2004. i.A!iuyn?jlKf .lr 7' ^y sn^sTwrft'wp tiS!T3II^T*li* 'y'^ "O ( / ^.^ t,.' A. '^? ^.-K ''^ •^" BET •^ll^ltri^, »TTI'«I<IC,Rnm'jx ^±./^:^.^^... Sn^STq^R (>jc|Igq<i) ^ g^nm^fSa3ii^?t - 1 ^o Learned counsel for the could not joh the new transferr^ post of Professor in Agronomy). any order for joining in other p| Agronomywas available. It is petitioner that the petitioner has) date of the impugned transfer counsei for the respondents subjnits salary because the petitioner ha^ During pendency of wri status quo as it existed on 28. Learned counsel for the respoi petitioner was relieved before passed by this Court. The facts, with regard to| are disputed as such the pet| representation and the respon< same sympathetically in accordatice month from the date of makin respondents University is at \W keeping in view of administrative After having considered t parusing records of the case, transferred not as Professor but any substantive post of Acting Professor in Agronomy in it)|'!l(d41-< qFI»t"<ffec8'(l'iltt;lt ^i St1?H 3lri!?T 'etitioner submits that the petitioner d place of posting as there was no The respondent has not passed >ce where the post of Professor in ated by tfie learned counsel fcr the not been paid any salary from the 'rder till date. In reply, the teaned that the petitioner was not paid not joined the piace of posting. , petition, as an interim measure, '9.2004 was passed by this Court. dents submits on 28.09.2004, the the order dated 28.09.2004 was Istatus quo granted on 28.09.2004, tioner is granted liberty to make lents are directed to eonsider the with law, within a period of one |g of representatipn, if any. The ^rty to pass any order of transfar ^xigency of the University. ti^e arguments of atl the parties and is evident that the petitioner was jas Acting Dean without there being D|an. Admittediy, there is no post of jhaheed Gundhadhur College of MWV\: ^r ^ 'gs/' an^iqilRi-li* craiSII^STSRWR Sarma t;;../ ^BST <-<<i^iiriy, »Ti1ti<is,fcicirag? .J^;.P..te3&.T2&,3>^^...... •"••"^200^ an^ST'ffl^ (iptgqcs) B^iTSR^ftCTsn^a Lf Agrjculture and Research Statio| the order dated 18.08.2004 is' passed in mataflde exercise ol dated 18:08.2004 is quashed ani No order as to costs. cbl<lfri<n'11PI75T*Fft^t xtuit<;i'< iS 3i1?n airi!ST i, Kumharawand, Jagdalpur. Thus, vitiated and the same has been powers. Accordingly, the order I the writ pefltion is allowed. Sd/- sat"A K. Agnihotri Judge y <bSP/FS/2005-20,000 ,"' & . ' '-c^-^