)A< /:'^ c BBPORB THB _ HO»*B]UB^ HIGH COURT OF CHHATTISGARH AT BILA8PUR W. P. NQ;2325/200^ ! ^'^ ^' ¥ 1 Chhattfsgarh Rajya Parivahan Karmachari Mahasangh, Raipur Regd. Under Regn.No. 183/RYP/74 Raipur (CG) Regd. Office New Bus Stand, Pandari, Raipur (CG) Through Jts: General Secretary Avadesh Pr^ap Slngh 2 Avadesh Pratap Singh, (EX-Booking A^ent, MPSRTC,Raipur Depot No.1) Presentiy on Deputation To Nagar Panchayat, Lavan as Asst. Gr.lll R/o- Narayan Prasad Sharma /' \ (^ S/o: ShriJagannath Prasad Sharma, ^ ^\0 };^<.^« (Ex-Conductor, MPSRTC) ^-^'fS Presently posted as : Asst. Revenue Inspector ^•^^^•>" Kashdot, Dist Raipur (CG) rto< "**^^^A' " R/o: Azad Chowk, Bramhan Para, ^ ^ *^6^ 3<^'v! RaipurfCG) vr,<^v ^' \ ^ 4. Igbai Ahmed, S/o:Shri MeiyKhan, (Ex-Driver,MPSRTC) Presently p^Bted as Dri\^r in the Stete Garase, iovt. of Chhattisgarh^ Raipur. /o: Moudha Para, Raijxir (CG) 3. •fe. 1^'" ^?-' ^.^ ^ ^ ^/^vs. Petitioners State crf Chhattisgarh Through: Secretaiy Home Deptt, D.K.S. Bhavan, Raipur (CG) State cf Madhya Pradesh, Throush: Secretery Transport Deptt. Vallabh Bhavan, Bhopal (M.P) Nanaginfl Director< Madh^a Pradesh Road Transport Corporation Habib Ganj Bhopat (M.P.) Mlanagins Director, ^f/i Chhattisgarh Jnfrastruchire Development Corporation, j^ Near Mantralaya, /;/ Raipur (CG) Respondents WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTtON Ot INDIA FOR ISSUE OF WRIT OF MANDAMOUS/CERJTORI OR DIRECTION OF UKENATURE, HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 2325 of 2004 Petitioners Chhattisgarh Rajya Parivahan Karmachari Mahasasigh & ofhers Versus Respondents State of Chhattisgarh and ofhers And Writ Petition No, 3064 of 2004 Petitioners Chhattisgarh Rajya Padvahaii Karaaachari Mahiasaixgh & others Versus Respondents State of Clihattisgarh and ofhers SB: Honlsle Mr. Justice Satish K. A^iihotri, J Shii N.K. Vyas, Advocate for the petitioners. Smt. Anjii Ahiija, Deputy Govemnient Advocate for fhe respondent No. 1, Shri Sanjay Patel, Advocate for the respondent No. 3, Shri Ashok Vaishuav, Advocate for the respondent No. 4. ORAL ORDER (6th July, 2006) The followmg order of flie Court was passed by Satfcsh K. Aguihotri, J. Leiamed counsel for the petitioners subniits fhat the petitioners in W.P. No. 2325/2004 and W.P. No. 3064/2004 werc initially appointed by fhe Maclhya Piudesh State Road Traiisport Ck>rporation, constituted by fhe undivided State ofMadhya Pradesli. By iiotification dated 27th December, 2002, issued by fhe Govemment of Iiidia, Miiiistxy of Road Traiisport aad Highways, the Madhya Praclesh State Road Traasport Corporatioii was abolished, The petitioners who were aUocated to the State of Chhattisgarh became jobless. The State of Chliattisgarh in its rctum has stated as under :- ^.^^^..^.^.^ "A Policy is fraioied for deputing fhe eiaployee ui various departnieiit of Govemnient with the inotive to absorb fheBi iii respective departaient aiid accorduig to fhat poUcy ouly fhe eniployees are being sent 011 deputation. The policy as framed is on Aiinexure R-2. That fhe mipugned opder iinder chaUenge ia this petition itself veiy emphatically lays down that fhe general rules of cleputation shaU not be appUcable for fhe eniployees workiag wifh fhe erstwhile M.P.S,R.T.C. aad who have been issued pzirely as a niatter of rehabilltation to accoinniodate these employees of MPSRTC ellotted to C.G. ui dtfiferent departaients. Furfher, it is subniitted that the same order also speci&caUy holds fhat flie said poUcy was fraiaed as rehabilitation arraageinent made for fhe eniployees of fhe erstwhile M.RS.R.T.C. the eniployees ofwhich after fhe btftircation were attached to the services wifh Chliattisgarh lufrastructure Developnient Corporation." 3. Iu view the categorical stateineut raade by the State of Chhattisgarh ui the retuni, the State of Chhattisgarh is directed to consider fhe cases of the petitioners for absorption and deputatiou, iii acconlance with their poticy decision as stated-above, wifhin a period of fhree monfhs from today, 4. For flie reasons statecl-above, the writ petitions staiid disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge Bablu