c^ 10-^ S'sngte Bsnsh IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPURfC.G.) WRIT PETITION (S) NO.Sl\SS OF 2009 (S.B.) PETIT10NER .^^ .y •^•''".v'''1' ^' •?*'-. ?• •;'- ^'\^' .•••• ^ ^" ^" IS^' Ku. Veena Baghel D/o Rara Kum.ar Baghel, aged about 35 years, Shiksha Karmi Grade-I, posted in the Government Higher Secondary School Jora, Block Dharsiwan, District Raipur (C.G.). R/o Kanchanganga, Phase-II, Behind Ayurvedic College in front of Bhasthan, Rohinipuram Danganiya, RaipurfC.G.j. VERSUS RESPONDENTS : 1.' The State of Chhattisgarh, through The Secretary, Department of • Panchayat and Rural Development, D. K. S. Bhawan, Raipur (C.G.). 2. The Zila Panchayat, Raipur (C.G.), through its Chief Executive Officer, -"' ^ Zila^Panchayat Raipur (C.G.). 3, Cl,ie-(1 &)(<.ci<-tt^C oPPic"<. T__ "z-''^°i rc.-kCVA)h,+ 1?c.')t»< c^ l.'- The Block Education Officer, Dharsiwan, District Raipur (C.G.). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF IND1A ....-^' :(?'..^" ^s..; '^'rt.-y'a.S^ 1 !^.as,^ g fe^e^ ..-..»,;i>" ^O' PETITIONER HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) N0. 3455 OF 2009 Ku. Veena Baghel RESPONDENTS Versus The State of Chhattisgarh & Others (Writ Petition underArtide 226 ofthe Constitution of India) Single Bench : Hon'ble Shri SatishK. Agnihotri, J. Present:- Shri M.K.Bhaduri, Advocate for the petitioner. Shri Shashank Thakur, Panel Lawyer for the State. ORDER (ORAL) (Passed on this 28th day of June,2011) 1. Challenge in this petition is to the order dated 26.06.2009 (Annexure P-4), whereby the earlier order of transfer of the petitioner from Higher Secondary School Amsena, Block Aarang to Higher Secondary School Jora, Block Dharsiwan, within the same District Raipur, by order dated 17.06.2009 (Annexure P-2) was dancelled. 2. The facts, in nutshell, are that by order dated 27.05.2009 (Annexure P-1), the petitioner on being selected as Shiksha Karmi Grade-l in commerce subject was posted at Higher Secondary School Amsena, BlockAarang, District Raipur. Thereafter, on the request ofthe petitioner, by amended order dated 17.06.2009 (Annexure P-2), the petitioner was posted at Higher Secondary School Jora, Block Dharsiwan, District Raipur. The said order was subsequent cancelled by the impugned order. 3. Challenge to the validity of the order is that the impugned order was passed contrary to the provisions of Rule 8 of the Chhattisgarh Panchayat Shiksha Karmi Rules, 2007 (for short "the Rules, 2007"). The Rules, 2007 provides that Shiksha Karmi should be appointed for a specific school on probation for two years. Since, the appointment of the petitioner was at Higher Secondary School Jora, by order dated 17.06.2009, the subsequent impugned order canceling the order dated 17.06.2009 is bad in law and deserves to be quashed. 4. I have heard learned counsel appearing for the parties, perused the pleadings and documentsappended thereto. 5. On careful perusal of provisions of Rule 8 of Rules, 2007, wherein it is specified that Shiksha Karmi shall be appointed for specific school on probation for two years. The petitioner was appointed by order dated 27.05.2009 (Annexure P-1) at a specific school i.e. Higher Secondary School Amsena, Block Aarang. It appears, by mistake, he was transferred to Higher Secondary School Jora by order dated 17.06.2009 (Annexure P-2). 6. The officers realizing the mistake, cancelled the amended order dated 17.06.2009 and restored services of the petitioner to the original place of appointment i.e. at Higher Secondary Schobl Amsena, Block Aarang. It is not the case of the petitioner that the order dated 17.06.2009 was cancelled on the ground of malafide exercise of power or for want of competence or contrary to statutory provisions of law. 7. The impugned order dated 26.06.2009 (Annexure P-4) is just and proper, in accordance with the statutory requirements of posting of the petitioner. There is no infirmity, warranting interference with the impugned order. 8. Accordingly,the writ petition is dismissed. No order asto costs. Sd/- Satish K. Agnihotri Judge .ashok