C^-\^7Z5-7 Se IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.) W.P.fS) No. t(^^9 72009 PETITIONER RESPONDENTS VERSUS 1. Kashi Ram Dhanuk S/o- Late shri Meharvan Dhanuk, aged about 59 years, Executive Engineer posted at (E & M) Division, Public Health Engineering Department, Jagdalpur, District- Jagdalpur( Bastar) (C.G.) State of Chhattisgarh, Through the Secretary, Department of Public Health Engineering, D.K.S. Bhawan Raipur (C.G.) Additional Secretary, Department of Public Health Engineering, D.K.S. Bhawan Raipur (C.G.) Engineer in Chief, Public Health Engineering Department, Neer Bhawan, Civil Lines Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION QF INDIA, -.-..^ '••' '?.'•••' .. ^**~^Y-*'' ^..•••:.3*&\.'"'" t^ 2. 3. -s^' ICT <ai^ • i.^^^1"^?^ %I^I?T .iiT?£T^TCR P^T^IMRI^^ rs?' css * rs.'v^i.'v, sss^-su sn^^i, ^ U i3 ££'!.»-£•?£'.^1*^l^fi^l-T^'^ ;- p.^-ss^ ^rs- '&-"7^£S/c»oni& .?^d^tt»FJ illa ^h^a ~^T td&y^d&'^-fjw^^ Kasni Kam Uhanuk Srate of C.G, 85 Others W3S.iT PSTITIOK ONBER AKTICLE 236 OF THE COMSTrrtIT!ON OF Appeas'assce: Shri F. S. Khare, counsel ibr the petitioner. Shri Amrito Das, G.A, for the State. ChaIIenge in the present petition is to the order dated 20.8.2009 (Annexure P/ 1) by which the petitioner who is workinj as Executive Engineer, Division Oi'hce, Public Health Engineering Department, Jagdaipur has been temporai'ily attached in the ot'fice of Superintending Engineer (Civii) Public Health Engineering department, Circle Jagdalpur itseif. Contention of the counsel for the petitioner is that the petitioner is due to retire on 30.11.2009 and therefore the impugned order ought not to have been issued. He submits that even as per the transler policy, the petition'er ought not to have been transferred when one year or iess is left for his retirement. On the other hand counsel for the State submits that in the transfer policy, one of the guideline is not to shift a person if he is at the verge of retirement and the veiy purpose of inserting the said ciause is to avoid inconvenience ior the deiinquent so that payment of retiral dueg may not be affected. He submits that in the present case the petitioner has not been shifted from Jagdalpur and therefore the petitioner wili liot have any difficulty in any manner. He submits that the order impugned has been issued under the administrative exigency and therefore the petitioner should not have any difficulty in compiying the same because it is merely a offise shifting. I have heai~d ccunsel for the parties and perused the recorcSs. ij.aa.i Eariier vide order dated 16.1.2009, the petitioner was transferred from Jagdaiour to Raipur and the said order was challenged before this Court in W.P.(S) No. 580/2009. On 9.7.2009, the petition was disposed oi' on the request of the petitioner t'or t'iling representation to the competent authority and pursuant to the order of this court the representation was made by the petitioner and now by the order impugned his piace of posting has been changed and instead of posting him at Raipur, he has been accommodated at Jagdalpur itself. I find no infirmity in the order impugned (Annexure P/1) and accordingly the petition is dismissed. —^—— Sd/- Pritinker Diwaker Judge