(/^-/^zy j^.iS... PETITIONER(S) : ^..S(%- / .fb/o^'tK J^%sy>s ^y .^^y •••^v . '••"-.f..- ..<•' ^v ^- ^- y^ IN THE HIGH CQURTO_F_CHHATTISGARH AT BILASPUR W.P. (S) No. '2?35-LI /2009 "R. K. Mishra, S/o. Shri J. R. Mishra, aged about 58 years, working as Asstt. Engineer, Municipal Corporation, Bilaspur (C.G.) VER5U S State of Chhattisgarh, through its Secretaiy, Urban Adrainistration & Development Department, D.K.S. Bhawan, Raipur (C.G.) Municipal Corporation, Bilaspur Through its Comniissioner, Municipal Corporation, Bilaspur (C.G.) RESPONDENTS :(1) 2) 3) <Chhattisgarh Infrastructure Development Corporation, through its Managing Director, C.I.D.C. Shastri Chowk, Raipur (C.G.) '? 'i^WRIT PETITION UNDER ARTICLE 226 THE CONSTITUTION OF HcL®]^——— %.^'; <7 INDIA HIGH COURT OF CHHATTI8GARH AT BILASPVR SB : HON'BLB SHRI JUSTICB PRITIMKI^ DIWAKBR W^».(S|MO. 3954/2W9 PBTCTKMHSR R.K.Mishra VeraMS RE8PONDBNT8 State ofC.G. & Others WRIT PBTITION UNDBR ARTIO.B 226 OF THB CONSTITOTION OT' INDIA AcBearaaee: Shri P.S.Koshy, counsel for the petitioner. Shri Yashwant Siagh Thakur, Dy. A.G. &r the State/resp. Nb.l. Shri S.P.Kalc, coiuisel for respondent No.2. ORAL ORDER (29.07.2009) Grievaace of the petitioner is fhat originaUy the petitioner was an eiuployec of M.P. Road Transport Corporation and after the aboUtion of the said corporatfon his services were transferred to fhe Chhattisgarh State Infr^tructure Dcvelopinent Corporation and then the petitioner was posted at Bilaspiir on 27.8.2003 on deputation vide Annexure P/4. He contends tbat the resolution lias atoeady bcen passed by tbc Mayor ia Council of Mimicipal Corporation, Bilaspur for the absorptioa of tfae petitioner aad this resolution was passed mitiaUy oa 12.5.2006 and tfaereaflter on 4.2.2009. Aceoadmg to the counsel for the petitioner, vide Annescure P/8, on 13.10.2008, fhe Govemment has also granted pcrmission for fhe absorption of fhe services of the petitioncr but despite that no action Uas been taken by fhe respondMits and now, notice vide Annexure P/1 has been given to the petitioner on 22.7.2009 that he will retue with efifect fix»m 31.7.2009 after attamiag fhc age of superaaniiation. F'urfher he contends that once the resolution has been passed for his absorptfon Ia the scmces of Miinicipal Corporation, Bilaspur, fhe order impugned Annexiire P/1 could not have been issued because fhe age of superaanuation in the Municipal Corporation is 60 years and fhus according to him, the petitmner would retire on 31.7.2011. Coimsel for the respondent No.2 submits that aflier passing ofthe resolution aad after receiving fbe tetter offhe State Govemment dated 13.10.2008, fhe Mmucipal Corporation has already sought further instructions &om. fhe Govemiuent but no iastructions havc been received in fhe office ofMunicipal Corporation tiU date. Coiinsel for the State submits fhat he is representmg the State Govenunent on the basis of advaace copy and fherefore at fhfa ataye, he cannot make any positive stateiaent. Counsel for the petitioncr, at this stage, wants to wifhdraw the present petition with liberty to file fi-csh representation easd to pursue his case wifh the State Goveminent as well as ffae Corporation. Accordingty, fhe petitioner is permitted to withdraw the petition with fhc aforcsaid liberty. _ Sd/- pritinker Diwaker Judge