IN THE HIGH COURT OFLCHHATTSIGARH AT BILASPUR W.P. NoS&u>'*^2006 SUj PETITIONER .<-.^s ^•^... ,••" ..••"' ^- ^•.^>"^ ^••"\feH" .-••''- ^s^-•- ,<y" ,^^?i-" <? ^y^--"'" \<e"A..-"' ^6" RESPONDENTS R.S.Sahu s/o Shri B.R.Sahu, aged about 47 years, Sub Engineer, Water Resources Department, ^ Tandula Division, Durg, C.G. r/o Subhash Nagar, Durg, District Durg, C.G. VERSUS 1. The State of Chhattisgarh, through Secretaiy, Water Resources Department, D.K.S. Bhawan, Raipur, Distt. Raipur, C.G. Joint Secretary, Panchayat .- Evain Gramin Vikas Vibhag, D.K.S. Bhawan, Raipur, C.G. The Executive Engineer, Tandula Water Resources Division, Durg, District Diu-g, C.G. 4, Sub Divisional Officer, Tandula Water Resources Division, Durg, C.G. ^" 2. 3. ^' WRIT PETITION UNDER ARTICLE 226/227 OF THE CQNSTITUTION OF INDIA. ^^sssss ^g^^BES sasmf S S XI-HC-78 3^'"i)l<<lc|<l,®Tf|yi|(o {sz XI-HC-22 sn^rgir f^iwsn^r Stllltl RTgffer A v^ ^y 3^ '<11<41M^I, ®T(1tf'l(B,Rjdiyy 311^1 4a*h IIHCTI s»»il«n""""""'"'""""t'"?r^ 200 j^^.............. sii^i e'Kiiwflfer 10.7.2005 Shri A.K. Prasad, counsel fo| Shri Sumesh Bajaj, Govt. seeks.time till 13.7.2006 to file the Time is allowed. Heard on M.W.P. No.2563/C The petitioner's case is th; Resources Department and he ^ Services without his consent and Engineering Services Rules for takii] Leamed counsei for the p^ granted by this Court in similar mat^ Having heard learned cour facts and oiroumstances of the ca^ order is stayed till the next date of ^ List this petition along with in view of this order, M.IA| disposed of. Certified oopy as per rules. <bl<llcf<fl^ Kllcirfffe^ <R|WH ^.SBRfTSn^T . it- the petitioner. 1'^dv. for respondents on advance copy. He 'pty. }s. jt he is working as Sub Engineer In Water |as been .transferred to Rural Engineering fnoreover, there js no provision in the Rural ig any person on deputation. titioner submits that stay hasalready been ters. ^el for the parties and having regard to the |e, the effeot and operation ofthe impugned learing. imilar petitions on 14.7.200S. .P. No.2563/06 & t.A. No.6571/06 stands Sdl- L.C. Bhssaeo .ludge (<ft^^^) ^ XI-HC-78 ?S? '<<l<llfl<<, ®Tf1u'l6, *<I*ICTI a»Hict> an^T w R-ii+ tiqr STI^T shHiqi ^- ^ 200 311^i!l Mslcb (•iciI^slS'iT) ?^1TW;Hf?(T3tI^T 14-7-2006 W.P.Nos.2921/2006. 2877/3006, 2878/2006, 2879/2006, 2880/2006, 2882/2006, 2906/'2006, 2933/2(^06, 2938/2006. 2940/2006, 2941/2006, 2942/2006, 2960/2006, 2996/2006, 2998/2006, 3000/2006, 3044/2006, 3045/2006, 3079/2006, 308l/2()Q6, 3344/2006, 1563/2006. 3177'/2006, 31S9/2Q06, 3205/2006, 3222/2(306, 3224/2006, 3225/Z006, 3240/2006, 3246/2006,3417/2006,3418/2006.' Petitioners by Shri Kanak Tii Sunil Otwani, Shri ffautam Khetrapol R.S. Shrivastava, Shri Rakesh Kumar State/respondents by Shri f^ Shri V.V.S. Murthy & Shri 6.K. Beriw| Bajaj, Sovernment Advocate for the Shri R.P. Mandal, Secretary,] Shri N.5. Bhadoriyc, En9ineer-in-Ch Haldkar, CEO, C6RRM; Shri S.K] +i<i(d*n.f iffR?tf tr'fs^s <K\wi. ^ari^irsn^T ttw\ & P.K.C. Tiwary, Sr. Advocates with Shri Shashi Bhushnn. Shri AAanoj Paranjp^, Shri Jitendra Pali. Shri Vinay Pandey, Shri Shri A.V.. Prasad, Shri Maneesh Sharma,Shri Jha. .K. Verma. Additional Advocate Seneral wfth il. Deputy Advocate Senerals and Shri Sumesh 5tate. Panchayat & Rural &evelopment Department; ief, Water Resources Oepartment; Shri AA.L. Supta. Chief Engineer, Rural Engineerin9 Services; Shri S.N. Shrivastava, Sup^rintending Enyneer, PM6Sy. Cit'cle; Raipur & Officer-in-Charge, and Shr-i Suboi|h Shrivastava, Executive Engineer, Water Resources Departments & Officer-in Heard. By these writ petitions, the Woter Resources t>epartment, have Charge are present in Court. petitioners, who cre ^ssistant Engineers in Aatlenged the orders dated 12-6-2006 & 24- 2-2006, ufhereby they have been senf on deputdtion to various other Gepartments. 1 yw XI-HC-78 SIT^TWR^R; traTan^rgiiri; Ift-- Soma ^' ^ 's^'-WvPf, wS\w[<a, f^crray *11*1CTI Sh*fT^ ^200 Sn^Tiach (4cl'd°<'i,!ir) CTciTWHfitTsn^r <4t the outset, Shri Pramod before the Coupt that if the impugi quashed in respect of the petitione they have no objection. Shri Kanak Tiwari, learned affidavit along with Minutes of Mee- there is every apprehension that scheme in respect of -the petitionei Therefore. he wants to file a countei The prayer of learned Se^ acceded, for the reason that in| questioned the legality and corr^ 24-2-2006 and moreover, -the so <j 6-7-2006 are not the subject matt) have not passed any order under thi by Shri Kanak Tiwari is rejected. Irt view of the statement V.V.S. Mur+hy in presence of thi 1Z-6-2006 & 24-2-2006 whereby Resources bepartment as ^ssistant) various other &epartments are quas) Parties are entitled for certl wqfCTiftr wraY ff fei<ft rf^rezTC ^3Tf^lT3TI^T (erma & Shri V.V.S. Murthy made a sta+ement led opders dated 12-6-2006 & 24-2-2006 are \s who hwe filed petitions before this Court, i^nior ^dvocate, submitted ttiat a copy of the ing dated 6-7-2006 has been filed, therefore, |he respondents may pass orders under that [s and it will affect the petitioners' interest. affidavit. ior /dvocate Shri Kanak Tiwari cannot be these writ petitions, the petitioners have ^tness of -the orders dated 12-6-2006 iSi jalled guidelines prepared vide AAinutes dated sr in these writ petitions and the respondents se guidelines, so far. As such, the prayer made 4ade at -the Bar by Shri P.K. Verma and Shri Officers of •Hie State. the orders doted l^ie petitioners, who are wprking in the Water Engineers and have been.sent on deputation to ied and their writ petitions are allowed. :ied copy of -this order. Sd/- L.C. Bhadoo Judge ^v^ >\v