^ ^' ^ ^:^'" <^P i^-T5~7 /^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.A. N0. ^^ ^ /2009 APPELLANT / R.K. Sharma S/o Shri Bharat tc/9^z-—' Lal Sharma, aged about49 years, Occupation Service, posted as Assistant Soil Conservation Officer Durg, District Durg C.G. (Petitioner) VERSUS RESPONDENTS ^l. The State of Chhattisgarh through the Secretary Agriculture Department, DKS Bhawan Raipur C.G. /-2. The Director, Jal Grahan Kshetra Vikas (Hariyali) Karykram, Vikas Aykut Karyalaya, Vikas Bhawan ( Jal Grahan prakoshtha) Civil Line Raipur C.G. .3. Shri A.K. Sonwane S/o D.T. Sonwane, aged about 44 years, R/o Q. No. 117 Poonam Colony, Rajnandgaon C.G. THE MENK) OF UNDER SECTION 2(11 OJF_JIHE CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH IACT,2006 .!^^<- ^^y'" AS^v"' ^^\y .^"y^B;' -?3> HieH COURT OF CHH^TTIS^RH AT BIUSPUR DIVISION BENCH: HON'BLE SHRI I.M.QUDDUSI & HON'BLE SHRI PRASHANT KUM^R MISHRA. JJ. WRIT ^PPEAL N0.339/09 ^PPELLANT (Petitioner) RESPONDENTS Vs R,K* Shorma The State of C.G. & others Presentz Mr, ftakesh Pandey, Advocate for the appellant, Mr. Vinay Harit, &y. Advocate &enerai with Miss Deepali Pandey, P.L. for the State. Mr< A/TrJpathi, Advocate for respondent No.3< ORAL JUDeMENT (Passed on 27th April, 2010) I.M. Quddusj. J; 1. Heard learned counsel for the parties at length< 2. This writ appeal has been filed against the impugned order dated 10.11.2009 passed by the learned Single Judge in W.P. (S) No.6490/09 dismissing thewrit petition filed by the petitioner/writ appellant against his order of transfer. 3. |rief facts of the case are that the petitioner/writ appellant, who was working as Assistant Soil Conservator Officer, Durg, was transferred vide order dated 29.6.2009 as Assistcnt Director, Aaricutture (Sugarcane), Kabirdham and respondent No,3 was transferred in place of the petitioner/writ appellant. Being aggrieved by the said transfer order, the petitioner/writ appellont filed writ petition bearing W.P. (s) No.3166 of 2009 before this Court and the same was disposed of by this Court vide order dated 6,7,2009 with a direction that the petitioner/ writ appellant may move representation before the ^-", , ,/-^ (N)/ ^^s^s^' 7ti respondent authorities. Consequently, the petitioner/writ appellant moved representation which was considered and he was allowed to work at Durg vide order dated 18.8,2009 and thus the impugned transfer order dated 29.6.2003 stood cancelled. 4. Feeling aggrjeved by the order efated 18.8.2009, responderr' No,3 fiied a writ petition bearing W.P, (s) No.5171/09 before this Court and the same was disposed of by this Court vide order dated 14.9.2009 directing the respondent State authorities to grant an opportunity of hearing to the respondent No.3 as weli as the writ appellont herein. 5. The respondents in compliance of the directions issued by this Court in W.P. (s) No.5171/09 passed a fresh order on 31.10.2009 and directed the writ appeltant to join at Kawardha and the respondent No.3 was allowed to continue at Durg. Against the said order the petitioner has fifed W.P. (s) No.6490/09 and the same was dismissed by the iearned Single Jud9e vide order dated 10.11.2009 which is under challenge in this writ appeal. 6. We have been informed that respondent No.3 has died and therefore, the writ appellant may move a fresh representation before the authority concerned for redressal of his grievances, 7. Accordingly, the instant appeal is disposed of with a direction to the writ appellant to move fresh representation before the authority concerned raising all his grievances and if such representation is moved, the same shall be considered and decided by the authority concerned as early as possible, preferably within a period of one month from the doite of receipt of the representation along with copy of this order. 'tv ^r n^ 8. Learned counsel for the writ appellant informed this Court that the appellant has already joined at the transferred pjace. However, if the writ appellant has not joined at the transfsrred place, he should join at the transferred place before moving the representation. 9. In the changed circumstances, the impugned order dated 10.11.2009 passed by the learned Single Judge in W.P. (s) No.6490/09 stand modified to the above extent. No order GS tO COStS, Roshan/- Sd/- I.M. Quddusi Judge Sd/- Prashant Kumar Mishra Judge