’ ¢ é HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 2969 of2009 . PETITIONER : R.L.Sahu S/o G.R.Sahu, aged about 49 yeam, working as Sub; Engineer, Gazetted Officer, RES. Sub Division No. l, Bijapur, R/o E.W.S. Colony, Quarter No. 399, Vaishali Nagar: Bhilai, District Durg (CG) VERSUS RESPONDENTS : 1. State of Chattisttisgarh, through the Secretaxy, Depaz’tment of Panchayat & Rural i Development, D.I}i.S. Bhavan, Raipur (C.G.) 2. The Commissionei, Bastar Division, Jagdalpur (co) 3. The Collector, Bijapur, District Bijapur (C.G.) 4. The Executive Engineer, R.E.S. Division, Bijapur, District Bijapur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri/Satish K. Agm'hotrh J. Present: Shri Rishi Rahul Soni, Advocate for the petitioner. Shn' Arvind Dubey, Panel Lawyer for the State/respondents. ORDER ORAL (Passed on 25 day of June. 2009) Heard. I? 1. Learned counsel appearéng petitioner submits that the petitioner is working as (‘ Sub Engineer in Rural Engineering Services Department (for short ‘R.E.»S.’), i Division No. l, Bijapur, DistricteDantewada. Vide order dated 27.06.2007 (Annexure P/l), the petitioner was transferred from RES. Bijapur, District Dantevvada to Pradhan Mantri Gram Sadak Yojna, Sakti, District Janjgir- Champa on voluntary basis. Despite the transfer order which is still in existence, the petitioner has not been relieved to join his new place of ‘ posting. 2 ‘ Learned counsel appearing for the espondentS/State submits that the petitioner’is posted inian area which 1 a scheduled area Where no posting can be affected unt1l a new officer 1s av 11ab1e for takmg over the charge Be that as it may, Vthe respondents sho 1d cons1der th1s issue before passmo’ the order of tfansfer; The authority corT‘erned must ensure that the officer is available toitake over the charge from t e concerned employee. ’In the present case, there is no amendment in the impiugned order, still the petitioner is not V , I t ,_ r I V being relieved from his present place of posting. It is, therefore, directed that the petitioner may be relieved at the earliest atter making an arrangement for J taking over the charge of the odice from the petitioner as early as possrble orefeiably Within a period oftvvo weeks horn the date ofreceipt of a copy of this order. 4 3 Withthe above direction, the petition is disposed of. ‘ t pt i -