High Court Of ChhattisgarhWPS/2107/2013disposed off

Radheshyam Tiwari And ORS. v. State Of Chhattisgarh And ORS.

2018-04-26Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2107 of 2013

1. Radheshyam Tiwari S/o Gaya Prasad Tiwari Aged About 57 Years working as Upper Division Teacher, Govt. Middle School, Nagar Palika, Raigarh, P.S. City Kotwali, Raigarh, District Raigarh, Chhattisgarh

2. Mayadhar Patel S/o Hariram Patel Aged About 44 Years working as Upper Division Teacher, Govt. Middle School, Rajeev Gandhi Nagar, Raigarh, P.S. City Kotwali, Raigarh, District Raigarh, Chhattisgarh

3. Somnath Sahu S/o Barti Ram Sahu Aged About 49 Years Govt. Middle School Rajeev Gandhi Nagar, Raigarh, P.S. City Kotwali, Raigarh, District Raigarh, Chhattisgarh

4. Amrit Lal Patel S/o Keshav Ram Patel Aged About 51 Years, working as Upper Division Teacher, Govt. Middle School, Patrapali (East) P.S. City Kotwali, Raigarh, District Raigarh, Chhattisgarh

5. Madhusudan Mishra S/o Janardan Mishra Aged About 54 Years working as Upper Division Teacher, Govt. Middle School, Bhupdevpur, Govt. Middle School Bhupdevpur, Govt. Girls Higher Secondary School, Raigarh, P.S. City Kotwali, Raigarh, District Raigarh, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mantralaya, Police Station Rakhi, Tahsil Arang, Naya Raipur, District Raipur, Chhattisgarh

2. Secretary, School Education Department, Mantralaya, Police Station Rakhi, Tahsil Arang, Naya Raipur, District Raipur, Chhattisgarh

3. Collector Raigarh, P.S. City Kotwali, Raigarh, District Raigarh, Chhattisgarh

4. District Education Officer, Raigarh, P.S. City Kotwali, Raigarh, District Raigarh, Chhattisgarh

5. Assistant Commissioner, Tribal Welfare Department, Raigarh, P.S. City Kotwali, Raigarh, District Raigarh, Chhattisgarh ----Respondents For Petitioners :

None For State :

Mr. Aushutosh Pandey, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 26/04/2018

1. The challenge in the present writ petition is to the order Annexure P/1 dated 05.07.2013. Vide the said order the earlier order of posting under the scheme of Rationalization dated 23.07.2012 so far as the petitioners are concerned has been cancelled.

2. The writ petition was initially filed on 16.07.2013. The writ petition, inspite of the fact that it is pending consideration before this Court for 5 years, has till date not been admitted, even notices have not been issued to the State Government.

3. By now, the impugned order must have been acted upon, if not, the petitioners must be continuing at the same place, where they were working. Hence by efflux of time, the present writ petition has become infructuous.

4. It is made clear that in case if the petitioners have not been disturbed from their place of posting i.e. 23.07.2012, the respondents shall not now act upon Annexure P/1 dated 05.07.2013. However, they shall be at liberty to pass appropriate orders, in case if administrative exigency so arises.

5. With the aforesaid observations, the writ petition stands disposed off. Sd/- (P. Sam Koshy) Judge Ved