,<•VA / IN THE HIGH COURT OF CHHATTISGARH AT: BILASPUR w.p. No. a-z OF 2004 PETITIONER: (1)Mahendra Kumar Jain, aged 50 years, son of Shri Kanchhedi Lal Jain, Sub- Engineer, Janpad Panchayat Kasdol, district ^ ^S&y' Raipur (Chhattisgarh) \ .•**, ^^*' ^ •«.t^;* o' •^" ^^ \^ E>: l<\;/\t<-- ^:s< '^•** •'*" •^?^- :y (2) Vijay Kiimar Jain, aged 47 years, son of Shri Puran Chand Jain, Sub-Engineer, resident of Paras Nagar Kasdol, district Raipur (Chhattisgarh) VERSUS RESPONDENTS: (1) Janpad Panchayat Kasdol, district Raipur, through the Chief Executive Officer, Janpad Panchayat Kasdol, district Raipur (Chhattisgarh) (2) Chief Executive Officer, Jila Panchayat (Development) Raipur, district Raipur (Chhattisgarh) ^<- (3) State of Chhattisgarh through the Secretary, department of Water Resources, Raipur. WRIT PETITION UNDER ARTICLEJ26/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN THE NATURE OF CERTIORARI. MANDAMUS, PROHIBITION AND FOR OTHER SUITABLE WRIT/WRITS, ORDER/ORDERS, DIRECTIQNLDIRECTIONS XI-HC-22 sn^r^i h-u* sn^T ai^icft ^ff^fl \ 'S^ -^nwf, s-nly'is, fadi'yy snit?r 'qsra? _.W:£;..^.2.31 N11CTI !hHI<») "n^ 200^ f^^s' sn^r^aiwdfei Shri Somnath Verma counse! Shri V.V.S. Murthy, Dy. A.( Applicafion for urgent hearing Heard. Learned counsel for the peti was appointed as Sub Engineer on irrigation Department, Bhopal and ^ Engineer, Bargi Canai, Jabalpur. Enaineer on 11/09/1980 and was At the time of formation of the new were io Government Service in thei The State of Madhya Pradesh wi< petitioners to the State of Chhattisg^ of the Engineer-in-Chief, Raipurj transfen'ed to the Water Resourc^: Bhatgaon. chi^<vi<iii ^fH<vif'^ Fs^ <P»i^.i< ^73lfigH 3ll^T for the petitioners. !., with Shri Sandeep Dubey, PaneS s allowed. (ioners submitted that petitioner No.1 i 5/09/1980 bythe Engineer-in-Chief, i(/as posted in the OfFice of the Chief FfetiSioner No.2 v/as appointed as Sub p|osted in the Survey Division, Bhopal. State of Chhattisgarh the petitioners Idomain of State of Madhya Pradesh. (h the prior consent of the State of Chhattisgarh vide order dated 241^012002 allocated the sep/ices of the rh and they were posted in the Office Thereafter the petitioners were s Department, Sub Division No.2 at (2) The State of Chhattfsgarh vide order dated 23/11/2002 (Annayiire-P/1) made a State wide bolicv to depute Syb_Engineers of the FT^tfeTr XI-HC-22 's's? -'<i<<i<'i4i, ^TTl'yii<», (Gi<ii^li< f V- ^ 3TI^T T^SK •>!<>•('- 2-.2.3! *ll*4eiT thliw •^ 2004 ^re^r' sn^i^ir [<;-ii!<i snl^r sh^icti •(•ififl aii^i ^(gr^R ^ifOT 'bllicf'fl-l 'qftRTf ^ fei^t <fa«;l< ^arfSgHsn^i |Blo.ck Office of Janpad Panchayats to cs. In comp'iance of this order, Engine^ers of the State to post two Water Resources Department in the check and inspect the pubiic wor|: dlrection was issued to all the Chie|f Sub Engineers in each Janpad dated 30/11/2002 (Annexure-P/3) th4 Kachhar, Water Resources Departmf Engineers in the respective Block Engineers 20 were dedined to join 4i Engineer vide order dated 06/01/2Q03 issued another order (Annexure within seven Chief Engineer, Mahanadi Godawari Offices. Thereafter out of 85 Sub The Chief P/4) deputing She petitioners In thji Kasdol. !n compiiance ofthe said qrc<i |s Office of the Janpad Panchayat, ier, the petitioners joined their duties. (3) Respondent No.l/Jan^ad Panchayat, Kasdol vide order dated 21/06/2004 (Annexure-P/5) -tra|isferred the petitioners to their parent department without taklng pijior permission of the State Government/respondent No.3. In th^ said order it is mentioned that ss the public works are not going on in the Sub Engineers are already posted aid Janpad Panchayat and since four there, the petitioners were relieved there from. In compliance with thej said order, the petitioners were sent 1 ' i ' ' . back to their parent department, bi^t for the reasons best known to the ! ' f. Department, the petitioners were n^t permitted to join there. More over, t \_ l~:(TSVaf XI-HC-22 T5( -lll<<lcf'i<, »Tii'M'it»,hcii^y 3H^?T '^cR W.f. 2-^-3,! 111CTI g,i,jq,——"—•••••""•—••••••"••""^^ 200 •f^^T'""""""""""""" 311^1'^T fewan^f ^rHi'ti yfifl sii^gwaiw^itei '+l^ld'T^ ^tw^\ ^ f^^ <rai<^f< ^3ifigiT3n^i \ the Executive Engineer vlde memo d^ted 02/07/2004 issued to the Chief cecutive Officer, Janpad Panchay^i*, Kasdo! asked him to permit e are no instructions from the Hiaher petitioners to join their duties as ther^ Authorities for retaining their servii parent department has however mentjoned in its memo dated 21-07-2004 ^s in the parent department. The if they have. any speciai order froijn the Higher Authorities they shouSd make It avaiiabie to the parent dep^rtment. Ultimately, 'the petitioners jave their joining at iliotted any work. ^at, Kasdo! but they are not being (4) Respondent No.1 / Janriad Panchayat, Kasdol wrote a letter dated 07-07-2004 (Annexure-P/8) to respondent No.2- Chlef Executive Officer, Ziia Pachayat (Development) paipur, seeking guideiines regarding the posting of the petitioners. Respc|ndent No.2 however, vide its order 1 1'ected the respondent No.1 to act the petitioners bs sent back to thelr upon the order dated 21-06-2004 and! parent department. Thereafter, She p4rent department again wrote a letter dated 16-07-2004 (Annexure-P/10) ijiforming them that since two Sub- Engineers were to be posted in each|Block Office, according to the order of the State Government, and accordi^igly the petitioners were transferred <? join their duties in Janpad Panchgfyat Kasdol, but however, instead of f'^ty ^i<sr4 XI-HC-22 'Svf ^iqi<iq, anl^'is, (s«viiyy ''r//1 3ni?T ira^? .^^£..2:..:2:.3..!.. IIICTI ^j^jq,"-----------—^200 f^^ST' sn^r^ Ri-fi'sb Sf^ St)+1 •yfsfl 311^1 TCIRR'(rf?3 <=hi'Ll[cT<fll •til^cft* "^ Iss^ <r^i'^t< ^7 sifigq an^l jiving them joining, they have been 2004. The parent department has avaiiable the order of the State felieved by.you by order dated 21-06- lalso mentioned in its ietter to make Go^ernment here, the petitioners trouble did not s| 07-2004 (Annexure-P/11) the Janpa^ back the petitioners with a direction same has been impugned by the peti| in this regard, if any. Even i|op. In other words by order dated 22- Panchayat, Kasdol again transferred |o join the parent department and the ioners in this petition. not in need of the services of the (5). Shri V.V.S. Murthy, lea^ that as the Janapd Panchayat is petitloners, the State Government petitioners to the parent department.l Learned counsel further submitted thi State Government to post the petit] were transferred to join there, but sii|ice ready to retain the petitioners with Governmenf shall keep the petitioner^ (6). Having heard iearned c^unsel for the parties and considered in taKing This submission is placed on record. lat since there was an order from the oners to the Janpad Pachayat, they the Janpad Panchayat itself is not them, in that situation, the State sliftce the facts and circumstances of the lcase, this Court is of the view that ii would be appropriate to direct the ijespondent No.3/State Government to i take the petitioners back to the parqnt department, assign them work and i'ana^p x b* J~ ^s !3 &1 ^ ^sj 3)4 <s|4- D .61) 5p 31 4^