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High Court Of ChhattisgarhWPS/5195/2010disposed off

Devindra Kumar Patel v. State Of Chhattisgarh And ORS.

2017-04-12Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 5195 of 2010 Devindra Kumar Patel S/o Shri Dilchand Prashad Patel, R/o Post Mura, Tahsil Kharsia, Distt. Raigarh (CG), Presently Posted as Assist. Grade-III, Distt. Project Office, Rajeev Gandhi Shiksha Mission, Raigarh (CG) ---- Petitioner

Versus

1. State of Chhattisgarh through Secretary, School Education Department/Sarva Shiksha Abhiyan, D.K.S. Bhawan, Raipur, District Raipur, (CG)

2. Mission Director, State Project Office, Rajeev Gandhi Shiksha Mission, Chhattisgarh Raipur, Distt. Raipur (CG)

3. Collector & District Mission Director, Rajeev Gandhi Shiksha Mission (Sarva Shiksha Abhiyan), Raigarh, Distt. Raigarh (CG)

4. District Project Coordinator, Rajiv Gandhi Shiksha Mission (Sarva Shiksha Abhiyan) Raigarh, Distt. Raigarh (CG) ---- Respondents For Petitioner :

Shri Manoj Paranjpe, Advocate For Respondents/State :

Shri Avinash Singh, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order On Board 12/04/2017 The challenge in the present writ petition is the order dated 23.08.2010 whereby the District Project Coordinator, Rajiv Gandhi Shiksha Mission, Raigarh has passed an order posting the petitioner from District Project Office, Rajiv Gandhi Shiksha Mission, Raigarh to the Block Resource Centre, Gharghod against the vacant post of accountant. The said order was passed subject to the final outcome of Writ Petition (S) No. 3669/2010 which is pending before this Court. The said writ petition was filed challenging an order of termination and there is already an interim order operating in favour of the petitioner by virtue of which the petitioner is still in employment. 2.

The impugned order in this case was passed on 23.08.2010. This Court vide order dated 10.09.2010 had passed an interim order in favour of

the petitioner maintaining status quo. By virtue of the said interim protection the petitioner continues to work at District Project Office, Rajeev Gandhi Shiksha Mission, Raigarh.

3.

In view of the fact that the petitioner by virtue of the interim protection continues to work at District Project Office, Rajeev Gandhi Shiksha Mission, Raigarh for the last seven years, this Court is of the opinion that ends of justice would meet if the respondents are directed not to act upon the order of posting under challenge in the present writ petition any further and the petitioner shall be permitted to continue to work at the present place of posting till the final outcome of Writ Petition (S) No. 3669/2010. It is ordered accordingly. In the event if the respondents intend to post the petitioner anywhere else out of the District Raigarh, it would be more appropriate for the respondents to move an application seeking such relief from the High Court in the pending petition before passing an appropriate order. 4.

With the aforesaid observation, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) JUDGE Bhola