^ SINGLE BEHCH ^ -' / IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (CHHATTISGARH) W.P.{S)No. e3^l3 / 2010 PETITIONER \y- Shri Bhagwat Ram Sahu, S/o. Late Sukhi Ram Sahu, aged about 49 years, working as Sub Engineer, Municipal Corporation, Raigarh, (C.G.) VERSUS RESPONDENTS ,(1) ..^ / ^ O^^....-- /(2) ^w' Q'.-''~ro'^yy -41 ^^- ...•"^ ^-' State of Chhattisgarh, through its Secretary, Urban Administration 85 Development Department, D.K.S. Bhawan, Raipur (C<G<) Secretary, General Administration, Department, D.K.S. Bhawan, Raipur (C.G.) ^'^'... v^-" ^ 0° (3) Secretary, Transport Department, D.K.S. Bhawan, Raipur (C.G.) < (4) Municipal Corporation, Raigarh, through its Commissioner, Municipal Corporation, Ralgarh (C.G.) ^ (5) Chhattisgarh Infrastructure Development Corporation, through its Managing Director, C.I.D.C., Shastri Chowk, Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 THE CONSTITUTION OF INDIA The Petitioner named above most respectfully submitted as under : - HIGH COURT OF CHHATTISGARH : BILASPUR Sinale Bench: Hon'ble Shri Manindra Mohan Shrivastava. J. WRIT PETITION IS) N0.3813/2010 PETITIONER Shri Bhagwat Ram Sahu Versus RESPONDENTS State of Chhattisgarh and Others WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDJA Present: Shri P. S. Koshy with Shri Vinod Deshmukh, counsel for the petitioner. Shri V. V. S. Murthy, Deputy Advocate Generai with Shri Vinod Tekam, Panel Lawyer for respondents No.1 to 3. ORAL ORDER (Passed on 27th July, 2010) Heard on admission. (2) Submission of learned counsel for the petitioner Js that after re- organization of State, Madhya Pradesh State Road Transport Corporation (In short "MPSRTC") was dissolved and assets and Ijabiljties were apportioned between the successor State of Madhya Pradesh and State of Chhattisgarh. Semces of the petitioner were placed under disposa! of Chhattisgarh Infrastructure Development Corporation (In short "CtDC') and the petitioner was sent on deputation to Urban Development Department vide order dated 16-09- 2004, followed by order dated 19-10-2004, posting the petitioner on deputation to Municipal Corporation, Raigarh where the petjtioner is workjng as Sub Engineer. It is also submitted that later on, the State Government has taken a policy decision to absorb the services of the employees of the erstwhile MPSRTC, who were working on deputation on different corporation, by.framing rule of absorptioh, circulated to all the departments vide memo dated 10-12- 2007 (Annexure P-13), followed by order dated 13-08-2008 (Annexure P-14) •^^^. J i@^N% "^^f-:f ';.- .\^ ^. "^^^•^^' 2. —. and letter dated 15-10-2008 (Annexure P-15). On 09-02-2009 (Annexure P-16), the government again issued a letter to all the departments not to make direct recruitment against the available vacancies until sen/ices of all the employees of erstwhile MPSRTC are absorbed. In implementation ofthe aforesaid policy of absorption of such employees of erstwhile MPSRTC sent on deputation to different corporations in the State, sen/ices of one Shri R. K. Mishra, working as a Assistant Engineer in the Municipal Corporation, Bilaspur, was absorbed vide order dated 30-07-2(X)9 (Annexure P-19) passed by the Commissioner, Municipal Corporation, Bilaspur, in viewof the approval granted by the State Government vide order dated 13-10-2008 (Annexure P-18). Similarly, services of another such employee of erstwhile MPSRTC, Shri G. S. Chhattri was absorbed as Chief Municipal Officer, Nagar Palika Beergaon, vide order dated 02-03-2009. (3) Grievance of the petitioner is that even though, rules of absorption having been framed and the same having been implemented in respect of many other employees of erstwhile MPSRTC, absorption of services of the petitioner have not been finalized. The Municipal Corporation, Raigarh has already resolved to absorb the petitioner and his case for absorption has been sent to the State Government for grant of approval on 11-05-2010 and the CIDC has also given its no objection vide memo dated 22-05-2010 and forwarded the same to the State Government. Apprehension of the petitioner is that though the matter is pending consideration before the State Government, in the meantime, an advertisement has been issued vide Annexure P-17 by the Commissioner, Urban Administration & Development for making direct recruitment on the post of Sub Engineers in various corporations including the Municipat Corporation. Raigarh. In the aforesaid factual background, prayer has I .%:SIyii ^X^'" i \."-1'</ ^rNflfiiifl -3- Tumane been made by the petitioner for issuance of direction to the respondent authorities to consider his case for absorption. (4) Taking into consideration the facts and circumstances of the case, the policy of absorption, the rules of absorption framed by the Stete Government in the matter of absorption of employees of erstwhile MPSRTC and that the case of the petitioner has already been forwarded to the State Government for grant of approval and that respondent No.5 has already given its no objectjon, it is directed that the case of the petitioner for absorption shall be considered strictiy in accordance with the rules for absorption framed by the respondent No.1 as expeditiously as possible and in any case before comptetion of the process of direct recruitment initiated vide advertisement dated 09-11-2009 (Annexure P- 17). (5) With the aforesaid direction, the petition is finally disposed of. Sd/- Manindra Mohan Shrivastava Judge