I'nBI.DBBB.J t5 HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIQNBENCH Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRf SUNIL KUMAR SINHA, J. APPELLANT PETITIONER WRIT APPEALNo. 60 of 2009 R.P. Bangre, S/o. Late Shri Suganlal Bangre, Aged about 57 years, R/o. D-5, Parijat Colony, Nehru Nagar, Biiaspur (C.G.) VERSUS RESPONDENTS RESPONDENTS ^fc 2. State of Chhattisgarh, Through:- Secretary, Department Public Health and Engineering, Mantrataya, D.K.S. Bhawan, Raipur (C.G.) Chief Engineer, Department Public Health and Engineering, Raipur (C.G.) 3. Superintendent Engineer, Public Health and Engineering, Circle Raipur (C.G.) 4. Mohan Singh Thakur, S/o- Shri Mugal SinghThakur, Aged about 39 years, Executive Engineer (E & M) Public Health and Engineering, C.E. Offtee Raipur (C.G.) (Presently office of Executive Engineer, Bilaspur (P.H.E.) WRIT APPEAL UNDERSECTION 2 (1) OF HIGH COURT OF CG (APPEAL TO DIVISION BENGH) ACT. 2006 Present: Shri Anup Majumdar, learned counsel for the appellant. Shri Sumesh Bajaj, learned Government Advocate forthe State/respondentNo. 1, 2 and 3. Shri, Sanjay K. Agrawal, learned counsel Tor respohdent No. 4. JUDGMENT (06th March, 2009) (£ The following judgment of the Court Was passed by Rajeev Gupta, C.J.: Leamed counsel forthe parties are heard on admission. 2) Appellant - R.P. Bangre has filed this writ appeal against the impugned order dated 29.01.2009, passed in W.P.(S) No.81/2009. 3) The appellant/petitioner had filed the writ p^ftion for the following reliefs: "10.1 That the Order dt. 15/12/2008 passed by Secretary Public Health Engineer Department Raipur may be set aside/quashed and the authorities may be directed to permit the petitioner to work as Executive Engineer at Bilaspur Division. 10.2 That the responderrt authorities may be directed to pay salary and benefits attached tothe post of Executive Engineer from July 2008 till the datealong with 9% interest per annum on it. 10.3 Anyother relief may also be granted to the petitioner which this Hon'bte Court may deem fit andproper in the facts and circumstances of the case." 4) The petitioner, thus in substance, was challenging the order dated 15.12.2008 (Annexure - P/9 in the writ petition) whereby the petitioner was transferred and posted as Assistant Engineer in the office of Engineer-in-ChieT, Raipur. 5) Shri Anup Majumdar, learned counsel for the appellant could not dispute that the appellant's substantive post is that of Assistant Engineer. Leamed counsel, however, submifted that as the appellant was posted as In-charge Executive Engineer, Bilaspur vide order dated 07.07.2CX)8, the authorlties could not 4- subbu have thereafter transferred him as Assistant Englneer and as such the order dated 15.12.2008 is bad in law. 6) As the appellant's substantive post was that of Assistant Engineer and now he has been postaj as Assistant Engineer in the OTfice of Engineer-in-Chief, Raipur vide order dated 15.12.2008, we do not flnd any infirmity in the order dated 15.12.2008 and the impugned order passed by the leamed Single Judge, which may warrant inferference in this writ appeal. 7) The writ appeal, therefore, is tiable to be dismissed and is hereby dismissed summanly. './Si Sd/- ChiefJiistice Sd/- SUNIL KUMAR SINHA Judge