©Sts^ar wsisU •~~^: .?°•^ ^ .r... »<-^ ^ ? e'"fiF? ? u's-reius-i IN THE HIGH COURTOFJUDICATURE AT BILASPUR (C.G.'I W.P. (S)No. ^6 2J/ 2010 PETITIONER ?^. RESPQNDENTLS1 ^..^^> .\<^> ^/^/ v '.^^''s'.? ./<^0s^>'' ^yw •e-:~ .y '''• .A?' Ss'" ..-^""^. =.. ..s .:.".""• ^ ^-(.^.Ni'&S ^y7;, ^>--:1^\ i5/^ ^^ ;i a i S.B^feft&l (" : '^^- 'a'Bt •^..u':-s^ Shri P.C. Jain S/o Shri Kapoorchand Jain Aged about 59 years, Working as Sub-Divisional Officer, (Officiating Executive Engineer in E8&M Divn., Rudri) Water Resources Department, Gangrel, Distt. Damtari (CG) VERSUS l.< State of Chhattisgarh, Through the Secretary, Water Resources Department, D.K.S. Bhawan, Raipur (CG) 2. ' Engineer-in-Chief, Water Resources Department, Sihava Bhawan, Civil Lines, Raipur (CG) 3. Shri N.S. Basra S/o Not known to the petitioner Working as Asstt. Engineer (E&M) Water Resources Department, Attached to the office of the Executive Engineer (E SE M) Hasdeo-Bango Project, Machadoli, Distt. Korba (CG) ^? WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTIQN_OFJNDIA lii"E lill' PETITiONER RESPONDENTS HIGH COURT OF CHHATTiSGARH : BILASPUR WRJT PETiTION (S) N0.1623 OF 2010 Shri P.C. Jain Versus State of Chhattisgarh & Others 2. (Writ petition under Article 226 ofthe Constitution of india) . Single Bench : Hon'bie Shri Satish K. Agnihotri, J. Shri P.S. Koshy, Advocate for ihe petitioner. Shri V.V.S. Murthy, Dy. Adv. Generai for the State. Shri Saurabh Jain, Advocate forthe .) (Passed on this 22"° day ofApril, 2010) Heard learned counsel for the parties. Chalienae in this petition is to the order dated 7-4-2010 (Annexure P/1) whereby the respondent No.3 working in other division as Sub Divisional Officer has been transferred and posted as officiating Executive Engineer, in Mlinimafa Bango, Water Resouree Division (E&M), Machadoli, District Korba. Grievance of the petitioner, in the case on hand, is that the petitaoner is senior most Assistant Engineer working as Sub Divjsional Officer 'm Minimata Bango, Water Resource Division (E&M), Machadoii, Dlstrict Korba. On retirement of the Executive Engineer, the post fel vacani, which has to be occupied by the petitioner, as he is the senior most in the division, as officiating Executive Engiheer. By the irripugned order, the respondent No.3 has been transferred from other division and has been handed over the charge of Executive Enaineer. There is no dispute that ihe respondent No.3 is the senior to the petitioner in the cadre of Assistant Erigineer. The contention of the ^'sc3*&fc. //r"% "\ ,f ^ggE^^ | I ^"""11 ^•^_-..-A/J' v-,.?~''''^ 4. Gowri petitioner that since he was already working, no other officer should have baen transferred and posted to assume the charge of Executive Engineer is without any basis, as it is neither supported by anv statutorv notiflcations or statutorv rules and regulations. Some times it happens that if senior person is available in other division, he may be transferred and posted to take charge of the superior post. The same thing has happened in the case on hand. There is no error or infringement any legal or statutory reight of the petrtioner. For the reasons mentioned hereinabove, the writ petition fails and is herebv dismissed. 5. Conseauentlv. interim order passed eariier stands vacated. Sd/- Satish K. Agnihotri Judge