f»"*-^( ^ iijr];:rl'! IN THE HIGH COUKT OF CHHATTISGARHAT BILASPUR WRTT PETmONfSl N0. i-s" OF2009 PETmONER: Kharaman Ram Sahu, S/o- Late Shri Pati Ram Sahu, Aged About- 51 years, R/o- Village Pandrt Panl, P.0. Dumall, TaKsU and District- Kanker (C.G.) .fe; VERSUS RESPONDENT (S): 1. State of Chhattisgarh Throiigh it's Secretaiy Department of Panehayat and Rural Developinent, D.K.S. Bhawan Ralpur •JG.GL}... ••..-.•,, •;, 'i^' !^-:^^ '--^^^^ ^--•'Sd'^-" ^ 2. Collector, •THstt. Bastar/Kanker (C.G.) 3. Joint CoFnmissloner, Developnient Coinmissloner Offlce, . Ralpur(C.G.) °:4:. Jila Panchayat, North Bastar, Kanker, Through Its Chlef Executlve OfBcer, . Distt. Bastar/Kanker (C.G.) . -5.Janpad Panchayat, Narharpur, North Bastar, Kariker, Through Hs Chlef Executive OfEicer, Dlsft. Bastar/Kanker (C.G.) "••:s:~SSS~SS.W'^^SsS:'SS'. 11 4»——"-"1 : • . • WRTT PETmON UNDER AKFICLE 226 OF THE GONSTITUTION OFINDIA .ASs -.,- HIGH COURT OF CHHATTISGARH: BILASPUR WRIT PETITIQN (S) N0.1985 OF 2009 PETITIONER Khamman Ram Sahu RESPQNDENTS Vereus State <rf Chhatfisgarh & Others Single Bench : Hon'bte Shri Satlsh K. Agnihotri, J. Present:- Shri Vinay Pandey, eounsel for the petWoner. Shri P.K. Bhaduri, Panel Lawyerfor the State. Shri Y.S. Thakur, counsel forthe respondente No.4 & 5. ORDERrORAU (Passed on this 7th day ofGctober, 2009> 1) With the consent of leamed counsei ^pearing for the parties, the petition is heard finaliy. 2$ Leamed counsel appearing forthe petitioner submits thatby order dated 30-6-2008 (Annexure - P/1) the peUtioner, wrtio is working as Assistant Development Extension Officer, Janpad Panchayat, Farasgaon, District Bsffitar, has been transferred in the same capacity to Janpad Panchayat, Narharpur, Dish-ict Kanei;. 3) After leaving the plaee of posting i.e. Farasgaon, when the \ pefltioner approached the JanpEKl Panchayat, Narharpur, District l&nker for joining, the pet'rtioner was not ailowed to join at ttie new place of posting on the ground that there was no post 4) Shri Thakur, learned counsel appearing for the respondents No.3 & 4 fairly submits that the petitioner has been toansfarred to a place rfte where no post of Assi^ant Development Extension OfRcer is availabte. He further submfts that appropriate order shall be passed wlth regard to posting of the petitioner within'a period oftwo weeks. -* ^- ^3 Qowri 5) Be that as It may, the State authorides should not have passed such an order, vtrfiich cannot be given effeet to. The petitioner aftsr leaving the origfnal place of posting, is roaming around here and there without a place where he can jwn and work. It amounte to loss of pubiie exchequer, also. It is expected that the State authorifes should be carefui in ftiture in passing such an order where no post is vacant or available. 6) For the reasons stated herefaiabove, the respondent-authorities are directed to pass appropriate orders, in aK;ordance with law and on its own merits, within a period of two weeks from th®date of receipt of a copy of this order so that the petitioner can join at a new p!ace of posting. 7) At this stage, learned counsel appearing for the patijBaner submits that the petitioner is not getting salary in spite of the faict tiat he has complied the orders passed by the authorities. hle prays that the respondents may be directed to release the saiary due to ttie petitioner. 8) tndisputably there was n6 vacancy and it also appeara that without there being any fautt on the part of the peUtioner, he is not getting salary. Therefore, the respondent-authonties are directed to release the salary of the petitioner for the period due to him. 9) With the aforesafd observations and dlreclions ttie writ petifienls disposed of. ..^'s^ . sdA -Jil 9atisb K ^ ^ .. ^gniAotri fge