0&3W7 A CD §§NGW §EN€C§H TN THE HTGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. PETITIONERS .Pramod Jha S/o Shri S. Jha, aged about 45 years, occupation— service, posted as Assistant Engineer, Municipal Corporation , Korba, R/o Quarter No. MIG 12, Nagar Nigam Colony, Kosabadi , Korba (CG). . Dhirendra (Kumar Singh S/o Shri Balwant Singh, aged about 45 years, occupation~ service, posted as Assistant Engineer, Municipal Corporation , Korba, R/o Quarter No. G—lO, Nagar Nigaxn Colony, Kosabadi , Korba (CG). VERSUS (w RESPONDENTS 1 . State of Chhattisgarh, through Secretary, Urban Administration 83 Development Department, D.K.S. Bhawan, Raipur, District— Raipur, (C.G.), The Under Secretary, Chhattisgarh Government, Urban Administration 8n Development Department, D.K.S. Bhawan Raipur, District— Raipur, (C.G.), g§$g OF 2010 1. K.P. Dahayat S/o Late Shri Ram Kripal Dahayat, aged about 47 years, occupation— service, posted as Assistant Eng‘neer, Municipal Corporation , Korba, R/o Quarter No. G—24, Nagar Nigarn Colony, Kosabadi , Korba (CG). x 3. Commissioner cum Director, Directorate of Urban Administration 8a Development,- Chhattisgarh, Raipur, District— Raipur, (C.G.). 4. Xheputy Director, Sthaniya Nidhi Sum Parikshak, Korba, District— Korba, (C.G.). 5. ‘T/he Collector, Korba, District Korba (CG). 6. ‘i The Joint Director, Urban and Administration Development, Regional Office, Bilaspur (CG). 7. Commissioner, Municipal Corporation, Korba, District— Korba, (C.G.). 8. The Deputy Director, Esthaniya Nidhi Sapariksha, Ghantaghar, Korba, District— Korba (C.G.). r y/ WRIT PETITION U/A 226 OF THE CONSITITUTION OF INDIA ‘ HIGH COURT OF CHHA'ITISGARH AT BILASPUR é (1 WRIT PETITION (S) No. 3588 of2010 PETITIONER : K.P.Dahayat & Othas. VERSUS RESPONDENTS : State ofChhauisgarh & Others. WRIT PETITION U/A 226 OF THE CONSTITUTION OF INDIA SB: Hon’hle Shrl Satish K. Agnlhou'i, J. Present: Shri Sunil Sahu, Mvocate for the petitioner. / shri Ajay Dwivedi, Deputy Govmem Adva‘séte for the respondent No. l to 6 and 8. Shn‘ B.D.Gum, Advocate for the respondent No. 7. ORD ORAL (Passed on 30 day ofJune, 201 1) 1. Learned counsel appearing for the petitioners submits that the petitionas were promotod to the post of Assistant Engineer (Civil) &om the post of Sub Engineer, vide order dated 20.06.2008 (Annexure P/3). Later on, without aEording any opportunity of hearing, the said promotion order was suspended vide order 29.09.2009 (Annexure P/l ). 'l‘hereafter, by order dated 13.07.2010 (Annexure P/2), the petitioners was transferred £‘om Korha to Bilaspur, on the post of Sub Engineer. 2. Shri Sahu next submits that the instant petition is squarely covered by a decision ofthis Court in Sheel Chand Jain &Anoiher v. State of Chham‘sgarh & Others’ and other connected matters, wherein this Court, has set aside the order ofcancellation ofpromotion. Slri Dwivedi, learned State counsel does not connovert the submission made by learned counsel for the petitioner and submits that in the above facts and circumstances, the impugied ‘ were) no. Witness» ti: transfer order requires to be modmed as it‘is indisputable thal by ‘ i the impugled order, they were placed on a lower post. In view ofthe above stated facts and submissions made by leamed counsel appearing for the parties, the impugmd orders dated 29.09.2009 (Annexure P/l) and 13.7.2010, (Annexure P/2) in respect ofthe petitionexs, are quashed reserving liberty to the State to pass order ali‘esh, if so advised, in public intere$ and administrative exigency. With the aforesaid observation and direction, the writ petition is disposed of Sd/- c Satish K. Agnihotri ‘ Judge