HIGH COURT OF CHHATTISGARH AT BILASPUR DLVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Nh«r- Appellant (Respondent No.3) Writ Appeal No. 439 of 2011 R.P. Agrawal, Asstt. Engineer, aged about 56 years, presently working as Assistant Engineer/Sub-Divisional Officer, Water Resources Sub- Division No.1, Ambikapur, district Surguja C.G. VERSUS Respondents Respondents 1. State of Chhattisgarh, through the Principal Secretary, Water Resources Department, D.K.S. Bhawan, Raipur C.G. 2. Engineer in Chief, Water Resources Department, Raipur C.G. 3. Superintending Engineer Water Resoruces Shyam Barnai Project Circle, Ambikapur, district Surguja C.G. ia^ (Fetitioner) 4. Kamlakar Mahadev Rao Patil, s/o Shri Mahadev Rao Patil, aged about 56 years, E-1, Irrigation Colony, D.C. Road, Ambikapur, district Surguja C.G. Writ Appeal under Section 2(1) ofthe Chhattisaarh Appeal to the Division Bench Act 2006 Present: Shri P.S. Koshy, counsel for the appellant. Shri Kishore Bhaduri, Additional Advocate General for respondents No.1, 2 and 3. '/- W.A.No.439of201 JUDGMENT (1stDecember,2011) The following judgment of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on admission. 2) The appellant who was respondent No.3 in the writ petition has filed this intra Court appeal against the impugned order dated 29.08.2011, passed in W.P.S. No. 2919/2011. 3) Respondent No.4 Kamlakar Mahadev Rao Patil (writ petitioner) filed the writ petition for the following reliefs :- "1. That, this Hon'ble Court may kindly be pleased to issue a wriVwrits, order/orders, direction/ directions quashing the impugned order dated 26.05.2011 (Annex.P-1), passed by the State Government and the petitioner may kindly be allowed to continue on the post of Executive Engineer, Water Resources DivisiQn no.1, Ambikapur, District Surguja C.G. 2. That, this Hon'ble Court may kindly be pleased to grant any other relief(8), which is deemed fit and proper in the aforesaid facts and circumstances of the case." 4) It appears that the writ petitioner who was working as Executive Engineer, Water Resources Division No.1, Ambikapur, district Surguja was transferred vide order dated 26.05.2011 (Annexure P/1 in the writ petition) as Executive Engineer, Shyam Barnai Project Division, Ambikapur with the effect that the charge of Water Resources Division No.1 was taken away from him. As a .^':^^ ^ W.A.No.439of201 consequence thereof, the appellant was given charge of Water Resources Division No.1, Ambikapur, district Surguja though the appellant was not holding the substantive post of Executive Engineer and was only Assistant Engineer/ Sub Divisional Officer, Water Resources, Sub-Division No.1, Ambikapur, district Surguja. 5) Learned Single Judge on a thorough consideration of the rival submissions advanced on behalf of the parties found that the order dated 26.05.2011 impugned in the writ petition suffered from serious infirmities and as such the writ petition was allowed and the order dated 26.05.2011 was set aside. The natural consequence of the order passed by the learned Single Judge was that writ petitioner Kamlakar Mahadev Rao Patil became in charge of Water Resources Division No.1, Ambikapur, district Surguja replacing appellant R.P. Agrawal. 6) Shri P.S. Koshy, learned counsel for the appellant vehemently argued that the learned Single Judge has erred in setting aside the order dated 26.05.2011 which was purely of Administrative nature and was passed by the authorities due to administrative exigencies. 7) Shri KishoreBhaduri, learned Additional Advocate General on the instructions received in that behalf frankly submitted that the State is not proposing to file any writ appeal challenging the impugned order passed by the learned Single Judge. 8) During the course of hearing it transpired that the appellant on account of the impugned order passed by the learned Single Judge is not required to be shifted to some other district; the appellant continues to hold his substantive post of Assistant Engineer/ h- WANo. 439 Of 2011 Sub-Divisional Officer Water Resources Sub-Division No.1, Ambikapur; he would continue to draw his salary and allowances for his substantive post. 9) On due consideration of the submissions of learned counsel for the parties and the above mentioned broad features of the case, we do not find any infirmity in the impugned order dated 29.08.2011 passed by the learned Singte Judge which may warrant interference in this intra Cou/Tappeal. 10) The writ appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustice Sd/- N.K. Agarwal Judge nimmi