'^ T. .^%s:::> ,^p'V£Sl<'^' 'm::if'^^-fi ^s^- c^ C^!^ IN THE COURT OF HON'BLE fflGH OF CHHATTISGARH AT BILASPUR (C.G.l. COURT WRIT APPEAL No....c?.^..../2007 Appellant/Petitioner:- ^/ .^ ^9/^.^ ^' o* ¥ 'y VERSUS. ovv Respondents:- r Narendra Kumar Dubey , S% Shri Durga Prasad Dubey 9 Aged about47 years, Posted as Lower Divisional Clerk,(Chhatisgarh Resettlement Development Corporation ) , R% Villiage Newara Tahsil Takhatpur District Bilaspur (C.G.). / '\ "%5 1) Chhattisgarh Adhosanrachana Vikas Nigam,( Parivahan Prabhag )Raipur (C.G.), Through its competent authority, Raipur (C.G.). 2) Industrial Training Institute Gaurela( Pendra) ,District Bilaspur (C.G.) , Through its Principal, I.T.I. Gaurela (Pendra) 5 District Bilaspur (C.G.) ^/-S t^d'U O-^M^^^'H'l^^K^-^e^/^^^^^^G^ ApiiealA^isainst the order of the leamed<^t=^^G single liadge oftte Hom'ble Coiirtjiassed m fhe WJ>.No.2755^W5. Z?K(<^ HieH COURT OF CHHATTIS^ARH AT BILASPUR Djyjsion Bench: Hon'bte Shri I.M.OuddusJ A Hon'ble Shri Prashant Kumar Mjshrd. JJ. ApDellant Writ ADD®OI No.87 OF 2007 Narendra Kumar bubey Vs Resoondents C.6, AdhosanrQchana Vikas Njg<gim A on<? another Present: M^r. Suresh Pandey, Adyocate for the appellant. Mr. Anup Mazumdar Advocate for respondent No.l. Mr. Amrito Oas, Panel Lawyer for redpondent No,2 ORAL JUD6MENT (Passed on26th Marcti, 2010) I.M. Ouddusi. J;- 1. Heard on I.A. No.9, fltpplicQtion for takin9 docyments on record. 2. Not opppsed. 3. Applicatton js allowedand th^ document$ are taken on record. 4. This writ gppeat underSection 2 (1) pf the C.^. Hjgh Court (Appeal to DivJ$ion Bench) Act, 2006 is directed ag<gijnst the impugned order dated 6.2.2007 passed by learined Single Jud9e in W.P. No. 2755/2005 by which the jwrit petition filed by the re^pondent ha$ been disinissecl. 5. Briefly stated, facts of the case are that jn the yeiar 1983 the writ appellant was ppstecl as Lower Diyision Clerk ^rade" III in the office of the Djvjsionat Officer, M.P. State Road Transport Corporation, BjJaspur, M.P. (now 'Chhattisgarh' after reorganjzation of the State). He was transferred m the year 1985 to Depot No.l, Raipur where he worked up to 1996 and thereafter transferred to Baloda Bazar Depot, District Raipur in the same capacity i.e. Lower &jvision Clerk, where he worked up to 31.12.2002. However, in the m^antime, on reorganization of the State of M.P,, State of CbhottiS9arh was created, but a separate State Road Transport Corporation was not establjshed in the newly credted $t<@iteof Chhattisgarh, however, the services of all such personnel, who were working with the erstwhile MPSftTC and werp p<?st€id jn the State of Chhattjsgarh, were pjaced under the Cftnti'pt of C.6. Infrastructure devetopment Corpdiration (Tpan;sporf Department) on 1.1.2003, for their subsiequent placement and absorptjon in the varipus departments and corporations of the State <&overnment» 6. Thus, vide order dated 7.2.2003 the petitioner w<xs post<?jd in the office of Co-operative Registrar, Rajpur in the same capacjty i.e. Lower Divisjpn Clerk. However, th<? petjtjoner was not allowed to join in the said office on the groynel that there is no vacant post of t.ower Djvisjon Clerk. Thereafter, respondent No.l has passed anpther order on 4.4.2003 posting the writ appellantjn the office of Djstrict Ayyrved pffice, Korea but the petitioner was again refused jojnjn9o>n the similar ground, as stated above. 7. Thereafter, the Joint Secretary, Home Department, wbo was also holding the post of Managing Director, ChhattjS9arh Infrastructural Development CorporatJen, issued an order on \c^f^e>^^ 27.6.2003 sendmg the writ appellant on ;d<tpatatfxyn..to the Industrial Trainin9 Institute, ^aurela. Unfortynatcly, that order of the Managing Director was not received jn the office of Industrial Trainjng Institute, 6aurel<x and the petitjoner continued there till the order was given effect to by way of relieving him from his post vide order dated 19.04.2004. 8. Addjtional cloieuntent fjled by the wnt appellant shows that he attended the office of tbe Principal pf Industrjal Trajning Institute, ^aurela on 21.4.2004 but he was not (allowed to ^s:"^ ^w. -:^^i. ^. 1 1-. '^y join. Consequently, d letter was sent by tbe Chief ^einftral Manager of Chhattisgarh InfrastructMral D^velopmen Corporation bearing IMo.559/Mu.M.Pra,/St(?no/8aj/04 Raipur dated 30.7.2004 to the Principal, Industrial Jrainjng Institute, ©aurelaintjmating to accept joining pf the writ appellant and pay the salary, but the same was hbt done. Perhaps, the reason was that the Industriat Trainjng InstJtute, <&aurela was not the part of the Chhattisgarh InfrastructuFal DeveJopment Corporatjon or the CMef 6eneral Manager of that Cprporation could not have j^sued any direction to the Principal, Industpial Traijning Iniiitityte, ^aurela to accept the joinmgwho was nptunder hiuior b^long to his department. 9. We also feel that fpr such postin9 first acpeptance of the department under whjch the Industrioil Training Institute comes i.e. Training & Employment Departroent of the State of Chhattisgarh, was necessary but none of the respandents could show before us any such prder. Thus, if Gannpt t>e said that the Principal of Indystrial Trajnjng Insti^|Kt^,<?aurela has wrongly refused acceptance of joining of the writ appellant. 10. However, in the above cjrcumstances,it was the duty of the Managing Director of Chhattisgarh Infrastruetural Development Corporation to take a decision in respect of the writ appellant. He should have been directed to submit his joining in the Corporation or should have passed the proper order for deputation, but this has also not been done. ll.The writ ap^ellant,who W<»&appo!nte4j^^ erstwhile M.P.S.R.T.C. ond after reor9Qniz<xtiQn of the $tafe of M.P. jnto two StQtes Le. Alladhya Prad^$b 4^<^h|i^ was placed under the control of the Chhattisgflrh Infrastructyral Development Corporation (Troinsport •••0iy^^'-. <>h •^- ^^'•"•'^^ -2 ^-. ^.'.^-•' .^' ^' Oepartment), coyld not have been dlealt witk in th^ at>9Y<? manner. Therefore, thes respondents w<er€! (l<3(lt>l< tc* t|Qik® a decision at their level about postjng of th<? wrjt appellant^^^ also re9ardm9 payment pf his salary etc, 12. Therefore, we set asjde J'he impugned ord^r dated 6,2«2007 passed by the learned Single Juclge in W.P. No.2755/05 and disposed of the instant writ appeal with a direction to the respondents, especially respondent No.l, that he shalll take decision regarding posting of the writ appellant and also jn respect of payroent of arrears of $alary etc, withjn <a period of two months from the date of production of certified copy of this order. 13. No order as to costs. Roshan/- Sd/- I.M. Quddusi Judge Sd/- Prashant Kumar Mishra Judge