*Q"; a @ C27? IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) N0. BE%/ /2009 K.Z Usmani, aged aout 50 years, S/o Abdul Alim usmani, R/o Rampur Colony, Baikunthpur, Distt.Korea Petitioner Versus The State of Chhattisgarh through Secretary School Education Department D.K.S Bhawan Raipur 2. Additional Director, High Education Department Raipur 3. Principal, Govt. Navin Girls Higher Secondary School , Baikunthpur, Distt. Korea 4. Principal, Govt. Lahidee Higher SecondarySchool, Chirmiri, Distt. Korea Respondents 1. (x f” WRIT PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA b 0%” HIGH CQURT OF CHHATTISGARH : BILA$PUR WRIT PETETION (S) NO.5571/2009 PETiTiONER K. Z. Usmani Versus RESPONDENTS The State of Chhattisgarh & Oihers (Writ Petition under Articie 226 of the Constitution of india) Singie Bench: Hon‘bie Shri Satish K. Agnihotri, J. Present :- Shri Parag Kotecha, caunsei for the petitiener. Mr. M. P. 8‘ Bhatia, Deputy Govt. Advocate for the $tate. ORDER GRAL (Passed on this 8: day of october, 2&09) With the consent of learned counsei appearing for the parties, the petition is heard finally. (2) Challenge in this petitien is to the order dated 16-06-2009 (Annexure PM) passed by the respondent No.2 whereby the work assigned to the petitioner in the Govt. Lahidi College, Chirmiri for a period of We months was extended for a further period of one more month. Vide order dated 11- 09-2009 (Annexure P/5), the petitioner was directed to handover the charge of Govt. Girls College, Baikunthpur, Korea to one Shri Ramial, A.G.—li so that he can perform his work at Govt. Lahidi College, Chirmiri. (3) Learned counsel for the petitioner submits that the petitioner is appointed as Lower Division Clerk. However, he has been assigned the work of Accountant and posted in Govt. Lahidi Cotiege, Chirmiri inttialiy for a period of three months by order dated 03-06-2006 (Annexure PH). Thereafter, the petitioner was again posted on the same piace on 30-06- 2008 and vide order dated 01 -09-2008, the petitioner was yet again posted on the same college for a period of two months. By amending the eariier order, vide order dated 01-12-2008 (Annexure W3), the period of posting was extended for a period of one more month. Then, again on 13-01-2009, the period of posting of the petitioner was further extended for two months. Lastly, on 16-06-2009, it was further extended for a further period of one Jt- month. The petiticner submits that the work of a cunts assigned to him though he is the Lower Division Clerk, is improper and iiiegai. (4) i have heard iearned counsel for the parties and oerused the pleadings and the documents appended thereto. (5) it is evident that the petitioner is a Lower Division Clerk and the work assigned to him is of the post of Accountant on the ground that he maybe expert in performing the work of accounts. The period of posting in the Govt. Lahidi Coliege, Chirmiri, District Korea was for a period of one, two, three and six months time to time. The said institution is within the same district: it is not a case of violation of any rules or regulations. On a query, asto whether, there is any rules or regulations, which prohibits performance of work to the petitioner, in repiy, learned counsel for the petitioner is not in a position to produce the same. Thus, the impugned order cannot be heid as vitiated. lt is for the empioyer to post an employee at a particular place to perform work in public interest as well as in the administrative exigency. There is no grievance of any mala nde exercise of power or breach of any ruies and regulations. (6) For the reasons aforestated, the petition is devoid of merit and is r $.1 v accordingly dismissed at the motion stage itself. r Sd/- 1, Satish K. Agrtthotri 3 Judge Tumane