HIGH COURT OF CHHATTISGARH. BILASPUR S.B.: HON’BLE SHRI JUSTICE SUNIL KUMAR‘SINHA WRIT PETITION (S) NO. 2273 of 2008 PETITIONER Sunil Manohar Badkas, S/o Manohar Ramchandra Badkas; aged about 4O years, R/o. Industrial Area, Mother Teresa Ward, Jagdalpur (C.G.) ‘g VERSUS RESPONDENTS State of Chhattisgarh, Through it‘s 1. Secretary, Department of Tribal Development, D.K.S. Bhawan, Raipur (C.G.) 2. Asst. Commissioner, Tribal Development, Jagdalpur, Distt. 3. Project Administrator, Office of Project Administrator integrated Tribal Development Project, Jagdalpur, Distl. Bastar, (C.G.) , Bastar, (C.G.) 4. Collector, Distt.Bastar. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Appearance: Mr. Vinod Deshmukh, Advocate for the petitioner. Mr. Rajendra Tripathi, Panel Lawyer for the State/respondents ’ ORAL ORDER (15.07.2010) SUNIL KUMAR SINHA,J. Heard finally with the consent of both the counsel. Petitioner Sunil Manohar Badkas has filed this petition challenging the order dated 29.2.2008 (Annexure—P/3), whereby, his attachment in the office ol Pariyozna Prashashak, Jagdalpur has been discontinued and he has been relieved for joining in the office of Chief Executive Officer, Janpald Panchayal, Bastanar. In the year 1993, the petitioner was working on the postof Lower Division Clerk in the office of Project Administrator, Jagdalpur, By order dated 5.8.93 (Annexure—Pl’l), he was promoted to the post of Upper Division Clerk and was posted in the same office. lt appears from the records of the writ petition and reply that no post of Upper Division Clerk was available in the office of Project Administrator , Jagdalpur, therefore, the mistake was rectihed and an at £2;” x »/,, * 2 W.P.1 S ) No. 2273 0f2008 order dated 9.9.93 (Annexure—R-1/1) was issued and it was directed that after promotion, the petitioner is posted in the office of Block Officer, Bastanm against the vacant post of Upper Division Cierk and simuitaneously anolhor order (Annexure—R—1/2) was passed on the same day that the petitioner after his promotion, is attached in the office of Project Administrator, Jagdalpur it appears that the petitioner remained in Jagdalpur from a very long period and then impugned order dated 292.2008 (Annexure—P/3) was passed and the attachment of the petitioner was discontinued and he was relieved for joining in Bastanar office. Mr. Vinod Deshmukh, learned counsel for the petitioner, submits that the original place of posting of the petitioner was in the office cf Project Administrator, Jagdalpur, therefore, there was no question of discontinuing the attachment and the impugned order was bad-in—law. On the other hand, learned counsel for the State opposes these arguments and supports the order passed by the concerned authority. i have heard the learned counselfor the parties at length and have also perused the records of the writ petition. ltappears that after the promotion of the petitioner to the post of Uppm Division Clerk on 5.8.93, he was wrongly posted at Jagdalpur, because, as por contention of the respondents, no post of Upper Division Clerk was vacant at Jagdalpur. lt is for this reason, two other ordeisdated 9.9.93 (Annexure— Rut/1 and R-1/2) were required to be passed and by showing all sympathy to petitioner, the petitioner was retained in the office of Project Administrator, Jagdalpur. ln fact, after the promotion, the petitioner continued in the s'arnu office from 1993 till the date of discontinuation of the attachment by impugned order dated 29.2.2008. The petitioner has not challenged the order dated 9.9.83 (‘Annexure—R—t/t) by which his original place of posting was changed from Jagdalpur to Bastanar on account of non-availability of the post at Jagdalpur. The petitioner has enjoyed his post by an order of attachment at Jagdalpur for a long period and when his attachment was discontinued by impugned order, he has filed this writ petition. It is a matter of common knowledge that if the vacant post at a particular place is not available, no one can be posted there. The factum of norr availability of the post at Jagdalpur, perhaps, was not in the knowledge of the authority while passing the promotion order, therefore, a wrong posting order was issued in favour of the petitioner, but as soon as it came in their knowledge they passed the orders dated 9.9.93 (Annexure-R—1/1 & R—1/2) and attached Mi Q the petitioner at Jagdalpur itself. a 1/ a “ m ;”a ’ \ Now after s cannot be said t the State. part of the concerned aut o be a wrong action on the o not find any substance i and is hereby dismissed. Co For the foregoing reasons, i d on is Hable to be dismissed the petiti interim order granted on 8.5.2008 stands vacated. No costs. 3 §“ W.¥’.§S) N0. 2273 of 2008 ' ii hority oi uch a iong period if the attachment was discontinued, n the petition, nsequentiy, tho L