ORDER

The challenge in this petition is to the order dated 18/11/2022 contained in Annexure P-5.

Counsel for the petitioner contends that the petitioner herein was appointed as Superintendent, Adivasi Balak Ashram, Amdari vide order dated 28/04/2016. The petitioner as belongs to reserved category, she was appointed as Superintendent in terms of circular issued by the State Government dated 16/03/2015 (Annexure P-3). It is contended by the counsel that now on the strength of impugned order dated 18/11/2022 private respondent Shri Sohan Singh is being sought to be handed over the charge of the Superintendent of Adivasi Balak Ashram, Amdari in place of the petitioner. Such action is not permissible in view of clause 1 of the circular dated 16/03/2015 as the same provides that in Adivasi Balak Ashram/Chatrawas only an employee belonging to reserved category i.e. SC/ST category can be assigned the charge of Superintendent. The private respondent being an employee belonging to General Category is not entitled to hold the charge of Superintendent. The E.P. Royappa Vs. State of Tamil Nadu and another, (1974) 4 SCC 3

impugned order deserves to be stayed.

Per contra, counsel for respondent no.6