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Judgment
The review petition is admitted for hearing.
Issue notice to respondent No.1 as per rules.
Notice to respondents No.2 to 4 stand dispensed with as they are represented through the State counsel.
The present review petition has been filed seeking review of the order dated 12.10.2018 passed this court in WPS No.6894 of 2018.
The writ petition originally was against the order of transfer dated 04.10.2018 whereby the respondent No.1-the original petitioner was transferred as
Block Education Officer from Kansabel, Jashpur to Pendra Road, Bilaspur.
This court disposed of the writ petition granting interim protection to the petitioner directing him to make a representation and the State authorities to
take a decision on the said representation.
This review petition has since been filed stating that the respondent No.1's age of retirement is infact 62 years and not 60 years as has been submitted
by the respondent No.1. It was further the contention of the applicant that he is the person who was to replace the respondent No.1 vide the impugned
order of transfer dated 04.10.2018, and pursuant to the order of transfer he has already joined at the transferred place i.e. Kansabel, Jashpur, but he
has not been given charge by the respondents in the light of the order dated 12.10.2018 passed by this court in WPS No.6894 of 2018. Today, when
the matter is taken up, the counsel for the State, on telephonic instructions that he has received from the District Education Officer, Jashpur i.e.
respondent No.4, informs the court that the respondent No.1-the original petitioner has since been attached to the office of the SDO, Bagicha. It is
further submitted that the original petitioner i.e. the respondent No.1 though order was passed on 12.10.2018, but till date has not filed any
representation and as such, there was no occasion for the State authorities to take a decision.
The State counsel further submits that the petitioner subsequent to his attachment also he has not reported for duty at Bagicha where his services
have been temporarily attached.
Given all the aforesaid facts and circumstances of the case, this court is of the opinion that pending the Review Petition before this court, the effect
and operation of the order dated 12.10.2018 passed in WPS No.6894 of 2018 would stand suspended.