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High Court Of ChhattisgarhWPS/2105/2020disposed off

Sunil Kumar Tigga, v. State Of Chhattisgarh,

2020-12-11Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5927 of 2019 Sunil Kumar Tigga S/o Martin Tigga Aged About 43 Years R/o Catholic Ashram Pakartoli, P. O. Kastina, District Jashpur Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh Through Secretary, Tribal Welfare Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur District Raipur Chhattisgarh 2.

Director Public Education Directorate, Indrawati Bhawan, Naya Raipur District Raipur Chhattisgarh 3.

Additional Director Public Education, Directorate, Indrawati Bhawan, Naya Raipur District Raipur Chhattisgarh Commissioner Tribal Welfare Department, Jashpur, District Jashpur Chhattisgarh District Education Officer Jashpur, District Jashpur Chhattisgarh Director Jashpur Catholic Diocese, Bishops House, Kunkuri, District Jashpur Chhattisgarh 7.

Jashpur Catholic Diocese Bishops House, Kunkuri, District Jashpur Chhattisgarh 8.

Principal Sant Paul, Primary School, Bada Koronja, District Jashpur Chhattisgarh 9.

Principal Vinay High School, Potrenga, District Jashpur Chhattisgarh ---- Respondents AND WPS No. 2105 of 2020 Sunil Kumar Tigga, S/o Martin Tigga Aged About 43 Years R/o Catholic Ashram Pakartoli, Police Office Kastina, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---- Petitioner

Versus

1.

State Of Chhattisgarh, Through - Secretary, Tribal Welfare Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

2.

Director, Public Education, Directorate, Indrawati Bhawan, Naya Raipur, District Raipur Chhattisgarh.

3.

Additional Director, Public Education, Directorate, Indrawati Bhawan, Naya Raipur, District Raipur Chhattisgarh. Commissioner, Tribal Welfare Department, Jashpur, District Jashpur Chhattisgarh.

District Education Officer, Jashpur, District Jashpur Chhattisgarh. Director, Jashpur Catholic Diocese, Bishops House, Kunkuri, District Jashpur Chhattisgarh.

7.

Jashpur Catholic Diocese, Bishops House, Kunkuri, Through R T. Rev. Emmanuel Kerketta, Jashpur Catholic Diocese, Bishops House, Kunkuri, District Jashpur Chhattisgarh. 8.

Principal, Sant Paul, Primary School, Bada Koronja, District Jashpur Chhattisgarh.

9.

Principal, Vinay High School, Potrenga, District Jashpur Chhattisgarh.

---- Respondents For Petitioner :

Mr. A.N. Bhakta, Advocate For State :

Mr. Sudeep Verma, Deputy G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11/12/2020 1.

These are two writ petitions by the same petitioner and the cause of action also being an order of transfer, the two writ petitions have been disposed of by a common order.

2.

Vide an order dated 25.6.2019, the petitioner was transferred from Boys I.I.M School, Duldula to Primary School, Bhelva. 3.

The said order was challenged by way of a writ petition i.e. WPS No. 5927 of 2019. Pending the said writ petition the respondents have issued another transfer order. In the subsequent writ petition i.e. WPS No. 2105/2020, this Court has already vide order dated

11.06.2020 granted an interim protection till the next date of hearing and by virtue of the said interim protection, the petitioner continues at the same place of posting.

The counsel for the petitioner refers to a correspondence made by the District Education Officer dated 25.06.2019 and the petitioner seeks for the disposal of the writ petition directing the authorities to consider his representation in the light of the order passed by the District Education Officer dated 25.06.2019.

Given the entire facts and circumstances of the case, particularly taking note of the order issued by the District Education Officer, Jashpur dated 25.06.2019 and also taking into consideration the interim protection that the petitioner has from this Court in WPS No. 2105/2020, the writ petitions at this stage stand disposed of directing the respondents to consider and decide his representation keeping in view the order of the District Education Officer, Jashpur dated 25.06.2019 at the earliest preferably within a period of 60 days from the date of receipt of the copy of this order. Meanwhile, till the representation of the petitioner is decided, the respondents shall not take any steps for execution of the order dated 10.05.2020.

With the aforesaid observations, both these writ petitions stand disposed of.

Sd/- (P. Sam Koshy) Judge Ved