BBi HiGHCOURTOFCHHATTJSGARH.BiLASPUR Writ Petition (S) No. 7089/2008 DB: HON'BLE SHR!SUNIL KUMAR SINHA& HQN'BLE SHR! T. P. $HARMA, JJ. PETITIONER RESPONDENTS 2 Vashishth Narayan Singti, spn of late Shri Baleshwar Singh, aged about 58 years, presentiy working as Driver, Office of Chief Medical and Health OfRcer, Ambikapur, residert of Navapara, Ambikapur, Distt. Sarguja (C.G.) Viersus State Govt. ofChtiattJsgarh, Through the Secretery, Transport Department, D.K.S. Bhavyan, Rajpur (G.G^ The Special Secretary, Transport Deparftnent.D.K.S.Bha'ffan, Raipur (C.G.) 5 The Managing Director, Chhattisgarh State Infrash-ucture Deve!opment Gorporation, Transport Department, Raipur, Distt. Ra!pur(C.G). The Divisional Manager, Chhattisgarh Siate Infrastructure Deveiopment Corporation, Divisional office, Bilaspur, Distt. Bilaspur (C.G) The Chief Medical and Health Officer, Ambikapur, Distt. Sarguja (C.G). Vmn^PgTmQNiJNDERARTICI^ZZe^FTHgCQNST^ !NDSA MBOearance: Shri V.K. Pandey, Counsel for the Petitioner. ShriKishoreBhadufi.AdditJpnatAdvocateQeneralforthe State/respondents ne:1, 2 & 5. W.P. No.7069/2008 QSALORBEE (19.12.2008) Foliowing order of the Court was passed by Synil Kymar Sinha, J, Heard on admission. Petitioner Vashishth Narayan Singh has flled this petltion chailenging the conditions of deputation, particularly condition No.8 mentioned inthe document (Annexure P-2) and also chatienging the office order dated 24.1.2008 (Annexure P-1), according to wnich, he has been proposed to be superannuated on 31.12.2008 after completion of 58 years of service on the ground of his date of birth as 01.01:1951. Learned counsel for the petitioner submits that the petitioner was initiaily working in M.P. State Road Transport Corporation and after reorganization of tbe State of M.P., he was sent to State Garage, Raipur. He submits that thereafter by an order dated 31.7.2004 (Annexure P-4) he was sent on deputation to the Heaith Department and was posted in the office of respondent no.5. He submits that according to the deputation memo dated 10.12.2007 (Annexure P-6) jssued by the Transport Department to alt the Department Heaas, the service of the petitioner had to beabsorbed in the Health Department but the process of absorptioncould not be completed and ultimately an order of superannuation of the petitioner on completion of58years nas been passed. He submits that ifthe petitioner is absorbed as per the memo dated 10.12.2007 (Annexure P-6), his services would be governed by the Rules of the State, on which, he would retire after completion of 60 years ancl in this manner, he will get the benefrt of two years. He submits that for absorption, a representation has been made on 31.5.2008 but no action has been taKen on the said representation. For the present, he prays that this petition may be dlsposed of with a direction to the respondents to dispose of his representation for absorption filed on 31.5.2008 (Annexure P-7) within the stipulated period,so that, In case the representation is allowed, the petiUoner wouid get the beneflt oftwoyears. This llmited praver made by learned counsel for the petitioner isnot opposed by ttie Addl. Advocate general appeanng forthe State and other respondents. j||j|;j [^iN:. ~ W.P. No.7069/2008 Accordingly, this petition is djsposed of with a direction that the petitioner, if so advised, may file another copy of representation (Annexure P-7) alonwith a copy of this writ petitton and the order passed by this Court on today before the respondents within a period of 7days from today and ifsuch a representation is flled, theconcerned authority shall dispose of the same at the earliest preferably within a period of 4 weeKs from the date of receipt of representation and the resuit shali be communicated to the Detitloner. With the above observations, this petitlon stands finaliy disposed of at the motion stage itself. C.c. today itself. Sd/- Sunil Kumar Siiiha Judge tir- —.5 Sd/- T.E. Sharma Judge 'H'r:"-'!''', i<