Judgment:
W.P.No.10375/2013 (Badri Prasad Tiwari..Vs..State of M.P.& otheRs.26-06-2013 Heard Shri A.P.Singh, learned counsel appearing for the petitioner on the question of admission and interim relief.
The petitioner has filed this petition being aggrieved by the order dated 10-6-2013 by which the respondent/authorities have repatriated the petitioner to his parent department and posted him where he was posted before being sent on deputation to the School Education Department i.e.as Lecturer, Government Higher Secondary School Nigwani, District Anuppur.
It is submitted by the learned counsel appearing for the petitioner that previously the respondent/authorities had themselves given posting to the petitioner as Assistant Director (Administration) in the Scheduled Castes and Scheduled Tribes Development Division, Shahdol.
It is submitted that thereafter on 15-4-2013 the petitioner was given posting as Principal of Girls' Higher Secondary School, Old Shahdol and he was working on the said post till the date of issuance of the order dated 10-6-2013 but the respondent/authorities, totally ignoring the fact that the petitioner is already working with the Tribal Department has not passed an order on 10-6-2013 again repatriating him to the Tribal Welfare Department on the post of lecturer from the post of Assistant Director.
Having heard the learned counsel for the petitioner and after a perusal of the record it is observed that the impugned order is only an order of repatriation sending the petitioner back to his parent department and to his original place of posting.
The aforesaid order states that the petitioner's services which were borrowed by the Education Department are not being repatriated.
It is also apparent that the petitioner has filed a representation (Annexure P-10) before the authorities against the said order on 12-6-2013 which is pending decision.
In view of the aforesaid facts and circumstances, specifically, keeping in mind that the petitioner has already been posted and was working in the Tribal Welfare Department, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner furnishes a copy of the order passed today alongwith a copy of the petition to the concerned authority within fifteen days of obtaining the same, the authority shall consider and decide the aforesaid representation of the petitioner expeditiously in accordance with law preferably within a period of six weeks thereafter.
Till then operation of the impugned order dated 10-6-2013 shall remain stayed.
With the aforesaid directions the petition filed by the petitioner stands disposed of.
C.C.as per rules.
(R.S.Jha) Judge mct