.,^.^^^ ^^A, ^'"^ //' """ "%, ^ ^.—--^.% ^ ^;;:75^"'^'."-^^ 1^ ^2£z^^ j^ 't ^ ^ ^^£ / ^ 'S'ST ^t<4ici^^nl^4i^j f®i<ni^^ *11*1^11 tl»*<l<t» "^flOO SV^l XWK (^y^) ^^ 'SFT ^Jcb WT 3iTT^?T 9R^N? IF^TTW^ft^ ^TI^T wpri PBTITIONBR RP Bangr^ about 57 Nagar, Bil4spur Vetsus Resoondents 1. State of Chllattisgarh Public Healt Bhawan, R^ 2. Chief Engi^ Engineeringl i, Through Secretary, Departmerit th and Engineering, Mantralaya, DKS ipur(CG) |ieer, Department Public Health and Raipur (CG). 3. Superintendfing Engineer, Public Circle Raipur (CG) Engineeringl Sing|hi 4. Mohan Aged about| PublicHealtb S.B HonTile Shri Dhirendra Mi&kra. J 29.1.2009 Mr. Anup Majumdar, learnec Ms. Sunita Jain, learned PL Mr. Sanjay K. Agrawal, learnbd The petitioner is working as| of Public Health and Engineeringj Assistant Engineer in Sub-Divisioiji order dated 30<^ June, 2008 (Ann^xure of Chief Engineer, PHE, Raipur. Division Jagdalpur and within sc Annexure P/l, he was again transj cbl^fd^l'1 TTR^lf ^ 'fex^ <^^i< ifrsffima^i N0.81 OF 2009 S/o Late Shri Suganlal Bangre, Aged years, R/o D-5, Pai4jat Colony, Nehru •(CG) Health and Thakur, S/o Shri Mugal Singh Thakur, 39 years, Executive Engineer (E 8& M) and Engineering, CE Office Raipur (CG) Writ petition under Article 226/227 ofthe Constitution oflndia counsel for the petitioner. |br the State. counsel for respondent No.4. [Assistant Engineer in the Department (in short ePHE^ He was posted as Jagdalpur. He was transferred vide P/1) from Jagdalpur to the office However, he was not relieved from Sub- |ven days of passing of the order of srred from the office of Chief Engineer, ^j^<ft^ ^^k ^"ji^ <i^-ii^iici—FS/95—11/2008—1,00,000. v 3?1^T'SRT I^IW 'TOT3TT^?TsR1RW ^..^- "3'sr ^i^ld^ ^-ai^4 i<o/ t^icni<4y <nMW »*<i<n ^ •••^•••«*fe»« •••••-•'••.*<•••• l^ <>,••»••••:••.••'•••••.••*••••.•••^vw^-^-.e^t^ 3n^I'q^F(^qf3^?) ^wi^R ^fta 3H^T NO.K Jagdal^r PHE, Raipur to PHE, Division B| vide order dated 7.7.2008 (An|r respondent No.4 was also tran^ Jagdalpur as Executive Engineer.| On a Writ Petition (s) No.3|; the respondents were directed nc|i to posting of the respondent After being relieved from transferred place and assumed| 10,7.2008 vide Annexure P/6. salary from PHE, Division-Bila| considered.In the meanwhile, bj (Annexure P/9), the petitioner Engineer in the office of Learned counsel for the complying with his transfer transferred place, therefore, th^ transfer onder dated 7,7.2008 ha| further submits that posting ofA^ Engineer cannot termed that Executive Engineer was not accommodate the petitioner. On the other hand, Mr. appearing for respondent No.4 31 statement was made on behalf of in WP(s) No.3766/08 that both ' Chief Endineer ordfrr chl^id^'1 NHdt'?ffeTst <F]i^?i< ^stRm^n^ (laspur as In-charge Executive Engineer ntiexure P/2) and by the same order, ^ferred from Bilaspur to PHE, Divison- 766/08 filed by respondent No.4 herein, ic|t to take any coercive steps with respect (petitioner in the above writ petition). l^ur, the petitioner gave his joining to his charge of PHE, Division-Bilaspur on F^owever, the petitioner was not paid his >pur arid his representation was not the impugned order dated 15.12.2CK)8 has again been posted as Assistant ri^ineer, Raipur. jpetitioner submits that the petitioner 'd^r has already given his joining at his prder of Annexure P/9 whereby his L^ been amended, is confcrary to law. He ^sistant Engineer as In-charge Executive (lis' transfer to Bilaspyr as In-charge for administrative exigency but to Sanjay K. Agrawal, learned counsel ibmits that on the last date of hearing, |:he petitioner as well as respondent No.4 |of them are exercising the drawing & ^{^<^^^^^"U^<M'li^lM—FS/95—11/2008—1,00,000. + c'7^^i^i<n^ ^nl^^i^, fa^i^y inwiT i»*ii<i» t^ -W(200 sn^?r ^rasp (1l?t3^?) 3E?T^T ^T (qil<=ft ^TT^H^T^RN? ^nW^ft?T3H^?T disbursing power as Executive were directed to file affidavit in i affidavit in the above matter that disbursing as Executive Enginee| such affidavit has been filed by th^ He further submits that c^ assumed charge of In-charge Bilaspur, is contrary to the facts order by which the petitioner w^ Executive Engineer, PHE, Divisio^ he has been posted as Assistant Raipur. By the impugned ordej petitioner, who is holding a subst| charge Execufive Engineer in plac^ Having heard learned coun| fact that keeping in view that the| Court in WP (s) No.3766/2008, the petitioner has been posted to posted on 30,6.2008 vide order considered opinion that there is error committed by the responden 226 of the Constitution of India. In the re&ult, the petitioi dismissed at the admission stage E4gineer chi^^i'i 'Rp^f ^f 'fe^t <r3i^i< ^stRmsn^T in PHE, Division and the parties |his regard. Respondent No.4 has filed le is exercising the powers ofdrawing & ', PHE, Division-Bilaspur, however, no petitioner herein. ^ntention of the petitioner that he has pxecutive Engineer in PHE, Division- ivailable on record. Even otherwise, the |s transferred to Bilaspur as In-charge i-Bilaspur has now been amended and E|igineer in the office of Chief Engineer at I*, the error apparent in posting the intiye post ofAssistant Engineer, as In- ofrespondent No.4, has been rectified. ^el for the parties, having regard to the interim order has been passed by this prder impugned has been passed and the same place, where he was initially Annexure P/l, this Court is of the |no illegality, infirmity or jurisdictional warranting interference under Article thls ien|Ls being without substance is here.by self. -—-- Sd/- Dhirendra Mishra Judge ^w<^^ ^^ ^"ii^ <H^i^iic<—FS/95—11 /2008—1,00,000. ^t