^ HIGH._COURT OF CHHATT28GARH AT BILASPUR. SB : HON'BLE SHRI JU8TICE PRITIKKER DIWAKER W.P4SI N0. 3093/2009 PETITION^R Raia Siagh Rai, S/o. Shri Vrmdavao. Rai, aged about 51 years, R/o. Hoiisiiig Board Colony, Civil Liiies, Baloda Bazar, Dis'trict Raipur (CG) RBSPONDBNTS Weraus 1. l^ State of C.G., Through the Secretar}7', Departoieiit .of PubMc Works Deparfcaient, DKS Bhawan, Mantralaya Raipur Distiict Raipur (CG) 2. Deputy Secretary, PubUc Works Departaient, Govemnient of Chhattisgarh, DKS Bhawan, Raipur (CG) 3. Executive Engiaeer, PubMc Works Departnient, Divisiou No.2, Baloda Bazar, Distnct Raipur (CG) 4. D,C. Patiey, S/o. not known to the petitioner, SDO Pablic Works Department, Sakti, Sub Division Sakti, District Janjgir-ChajQipa (CG) WRIT PETITION UNDBR ARTICLE 226 OF THB CONSTITUTION OF INDIA Appearance: Shri P.S.Koshy, counsel for the petitioner. Shri Suisiesh Bajaj, G.A. for tiie State. ORAL_ORDER /" (02.07.2009) Chaileuge in. Uie present writ petition is to the order dated 27.6.2009 (Annexure P/ 1) whereby fhe petitioner who is workiiig as Assistaat Engiiieer has been transferred from fc'i*^^ uo fhe Dost of Sub Divisional Officer, Sub Division Baloda Bazar, District Raipiir to SpJrti Sub Division, Distdct Janjgir-Champa. By the same order, respoudeut No.4 has been traasferred ui place of the petitioner. Contention of leanied counsel for fhe petitiosier is that ia his present place ofpostmg he has joined on August 2008 aild witiiia a period of ten raouths, he has been again tra&sferred. Further it has been conteuded that wife of fhe petitioner is workiag as Teacher ia the Education Departaient mid is being presently posted ia Baloda Bazar and if tlie petitiouer would be conipelled to shift froni his present place ofposthig, the family would be disturbed. On fhe other hand, learaed couusel for the State submits fh.at tlie petitioner has uo substaative right to remaiii ni a particulai' place on.d the Govemment is free t.o transfer the petitioner in the administrative exigeucy. At this stage, leamed counsel for the petitioner subniits th.at he inay be permitted to xnake a representation to respondeut No. 1 and till then he may not be relieved from his present place ofpositing. Considermg fhe totality of fhe facts, the petitioner is directed to inake a represeutation to respondent No. 1 withiu a period of ten days froin the date of receipt of tliis order, which shall be decided by fhe authorities coucemed withui a fuLi-ther period of three weeks from tlie da.te of its receipt. It is clariiled that tffl one montli froia today the petitiouer shall uot be relieved froni tlie present place of postnig, if not akeady relieved. With the above observation, the petition staxids disposed of. Sd/- Pritinker Diwaker Judge ^'