@ Single gench (Lg)”1* (1) 1N THE HIGH COURT OF JUDICATURE AT BILASPURgC.G1 w. P. (S) No. {$40 /2011 5. “/ DivisionalManager, Chhattisgarh Infrastructure Development Corp. Bus Stand Bilaspur (C.G.) WRIT PETITION UNDER ARIICIES 226 OF THE CONSTITUTION OF INDIA 1. Particulars of the Petitioner : As mentioned above in the cause title. PETITIONER §amésh Kumar Sahu S/o Shri ChaitRam Sahu,Age about 57 years, R/o Near Surbhi Shishu Mandir, Sarjubagicha, Bilaspur (C.G.) VERSUS RESPONDENTS State ofChhattisgarh' Through- Secretary, Revenu Department D.K.S. Bhawan, Raipur (C.G.) W The Secretary, General Administration Department D. K. S. Bhawan, Raipur (C.G.) 3. Collecter Bilaspur (C.G.) C.G. Infrastructure Development Corp. Through-Managing Director, CIDC, Shastri Chowk, Raipur (C.G.) @ HIGH COURT OF CHHATTISGARH : BILASPUR SINGLE BENCH : HéN’BLE SHRI MANINDRA MORAN SHRIVASTAVA J. Writ Petition. (8] No. 1870I2011, PETITIONER Ramesh Kumar Sahu Vasus RESPONDENTB State of Chhattisgarh and others Petition ulA 226 of the Constitution of India 1g i Shri S.P.\‘Kale, counsel for the pc'toner. Shri Sushil Dubey, Govt. Advocate for the State. Shri Ratan Rusty, counsel for rcspondents No,4 & 5. ORAlrORDER (Passed on 13052011 Heaxd on admission. 2 The petiu'oncr has appmachcd this Couxt aggrieved on account of ncon the r rndets in t taki ecision ith gani o en'exfs so uner te che f ptm'n pre by the emet abn l mple of ete Mda Pra Sta Rd Tt Cporatn i ht rswhil ahy desh te oa ranspor orio (n sor “MS’IC" . .P..R.‘.. iati on pat of espon no ng final d W re t pu'on abrption d h Sme o Absor repad Govrnn for sorpn'o of surpus eoyes Subissio earne o or e 'ter is a ionr was appie as onter n twil ahy esh State oa rasr i n ye . ' er e- oraiti 'of State Mhya Pradh Ste Rad Tansp w disd and aset and liablis we pprti t th uceso Stt of ahya Pradh and ta es of he eu'tn we le undr e isal mn of ld cunsel f th peuion tht the petite inmally ontd Cduc i ershe Mda Pmd Rd Tnpot Corporaton i the ar 1983 An r gnzaon , ad es at o rort Corporation as solve ss itie re aooned beween e scsr ae Md es Ste of Chhattisgarh. Servic t pioer re pacd e th dspo Appearance: ui ) of Chhattisgarh hmastructure Development Corporau'on (in short “C.I.D.C.”). The peu'tioner was sent on deputation to Distxict 0%ce, korba on the post of Assistant Grade —-III vide order dated 04-12-2007. The petitioner is presently working in the omce of’I‘ehsildar, Bilha. It is further submitted that the Government has taken a policy decision to absorb the services of employees of erstwhile M.P.S.R.T.C., who were working ’in deputation in diEerent Corporations and Deparunents in the State and a Rule of Absorption was named and circulated to all the departments vide memo dated 10.12.2007 (Annexure 3-2) followed by letter dated 13.8.2008 (Annexure P—3). On 9.2.2009 (Annexure P—4), another Circular was issued to, all the departments, directing that direct mcruiunents may not be made against available vacancies, until sexvices of all the employees of erstwhile ‘ M.P.s.R.T.c. am absorbed. 1t is submitted that in implementation of the aforesaid policy of absorption, number of employees of erstwhile M.P.S.R.T.C. have been absorbed; some of those orders have been placed on record as Annexure P-5, P~6, P-7, P-8 8a P-9. Learned counsel for the petitioner submits that as the petitioner is attaining the age of superannuation on 30-06-2011, which is reilected hem memo dated 03‘07-2010 (Annexure A-l), representations have been'made to expedite the absorption under the Absorption Rules, but the same has not been nnalized. ;).2 aauie Taking into consideration the facts and circumstances of the case, the Policy of Absorption, the Rule of Absorph'on framed by the State Government! in the matter of absorph'on of employees of erstwhile M:P.S.R.’I‘.’C. and further that large number of similarly situated employees have already been absorbed in various departments of the ’ Government in implementau‘on 'of the Absorpu‘on Policy and that the petitioner is going to reh're on 30th June 2011, it is directed that the case of the petiiioner for absorption shall be considemd by the concerned respondent— authorities, suictly in accordance with the Rules of Absorption framed by Depanment of Transport, as expeditiously as possible. 6 With the aforesaid dixection, the petih'on is hnally disposed oh‘. Sd/- Manindra Mohan Shrivastava Judge i