Si^l 'su lil 'ss IN THE HIGH COURT OP JUDICATURE AT BILASPUR fCHHATTISGARHl WRIT PETITION N0.12-^1 OF 2006 PETITmNER •••^^"•""•"••".'•.^l fMW??^ ^y^ ov^y'./' \^s^^x ^y^ s •'^' -dfr" "y y7' ks' RESPQNDENTS .0^ .r^^^ Sharad Shrivastava, S/o La.tc Shri A.B.L.Shrivastava, aged about 4fjea.ts, Occupauon- Setvice, ^resendy posted as S DO (Rutal Engineering Seryices), Sub Division Marwahi, District Bilaspur, (Chhatrisgarh) ft, ^ •'•; ^T. tJ KK ^n M y^Ws^ ^S6S/ s!Jf wwsy •s.a-.ss-'"*' VERSUS 1. State of Chhatdsgarh thiough Secretary Department of ^- Panchayat & Rutatl Development, Mantralaya Dau Kalyan Singh Bhawan, Raipur (Chhattisgarh) 2. Chief Engineer, Rural Engineering ServiceSi, Office Of Developnient Commissioner Raipur (Chhatdsgarh) 3. Execudve Engtneers, Rutal Eagmeering Services Division ^- Marwahi, H.O. Pendra, Distt. Bilaspur (Chhatrisgarh) 4. Abdul Salim, Asstt Engiaeer In Office of Chief Engineer, ^Hasdeo Kachhar, W. R. D. Bilaspur (Chhatdsgarh) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF CERTIORARI. MANDAMUS. PROHIBITION AND OTHER SUITABLE WRIT OR WRITS. DIRECTION OR DIRECTIONS. ORDER OR ORDERS: XI-HC-78 3^ •<IWI('|t|, »T(lfll](B, *n*rciT?h<4ich ^ 200 3ni[?rq3w (i^fgq^sr) 3n^?rwR-ii* cpn'sn^T^iriq; STBRITBlN'SII^T 14-7-Z006 W.P.Nos.1000/2006, 968/j 974/2006, 1034/2006, 1173/200|6, 2929/2006. Petitioners by Shri P. lAdvocates with Kum. Sunita Join, Rqjesh Jain, Smt. Yashita Maseeh) Manoj Poranjpe, <4dvocates. Shri Rqjeev Shrivastova, No.971/2006. Shri Pankaj Shrivastava, c^> W.P.No.1000/2006. Shri Vinay Pandey, counsel No.1000/2006. State/r-espondents by 5hr| with Shri V.V.5. Murthy <& Shri ^. 5hri Sumesh Baj<y, ffovernment Ad| 5hri R.P. Mandal, Department; 5hri N.S. Bhador-^a Department; Shr-i M.L. Haldkar', Rur'al Engineering Services; 5hri PMI&SY, Circle: Raipur <S Officerf- Executive Engineer, Water Resou^ Secr^tary CEt> prwcnt in Court. 'hKlFfl'fl-l 11*10') ff fei^ <f«l+iil< ^siRm'sn^r '{006, 970/2006, 971/2006, 973/2006, >, 1182/2006, 1241/2006, 1242/2006 & &iw(»kar & Shri Manindra Shrivastava, Senior 5hri Afroz Khan, Shri Anup Mazumdar, Shri on behalf of Smt. Hamida Siddique, Shri counsel for r-espondent No.4 in W.P. >unsel for- respondents No.12, 18 & 30 in for respondents No.13, 32 & 42 in W.P. P.K. Verma, Additional Advocate 6enefa\ ,K. Beriwaf, Deputy Adyocate 6ener'als and 'ocate. ', Panchayat A Rur'al Development i, Engineer-'m-Chi&f, . Water Resources 5, C&RR&A; Shri S.K. 6upta, Chief Engineer, 3.N. Shr'ivastava, Super'intending Engineer, •in-Charge, and Shri Subodh Shr'ivastava, ces Departments <S Qfficer'-in-Charge are P.T.O. ~*!'^S^S^' t^ XI-HC-78 3x^ -<<WW<1, ®Tfl<1'IS,[qciwy *(r*RTrsb*iicb ^ 200 sn^r'raw (^rfg^Er) sn^Twf^w flsnSf^TsKW FRirwHfetTsn^r Heard. By these writ petitions, th posts in the Depar'tment of Rural legolity and cor-rectness of orders; ^ petitioner's, who are working on var'ious Engineering Semices, have questioned the |dated 17-2-2006 and 12-6-2006, whereby the 5ub-En3ineers of Water Res^urces Department have been appointed/ transferred in the Rural Engineerin^ Services Department. As far as the impu9ned o^ concerned, same are already (juas^ed vide order dated 14-7-2006 passed in W.P.Nos.1103/2006 & 2921/2006 ai|id similar other connected petitions. As far as the prayer made (>y the petitioner-s that respondent No.l be directed not to post any person |?n deputation in the RE5 depar'tment, 'ia Bar that the Dapartment is not ISepartment which are reguiar sancf and Shri V.V.S. Murthy in presence are aliowed to the extent that the be fitled by way of deputation/tran •OKlto'fl-l Wtlcff ff fSC9 ^KZK ^?3TRtff3n^T •ders dated 17-2-2006 A 12-6-2006 we concerned, Shri Pramod Ver-ma <& 5^ri V.V.S. Murthy made a statement at the going ;o appoint any Offieer by way of deputati&.i/appointment/transfer' o^ any post of the Rur-al Er^ineering Services ioned posts as per scheduled attached with the rules and are lying vacant. Therefore, in yiew of the stijrt'ement made at the Bar by 5hri P.K. Vermo of the Officers of the State, the petitions existing post of RES Department shall not sfer/appointment by brihging officiats from the other Departments. As far- as the pr-ayer that tl^e respondents be directed to convene &PC and fiil up the promotional posts x|hich are lying yacant, is concerned, at the first instance, the respondents hafe already made it clear in reply that they P.T.O. ^ XI-HC-78 gx? •^nWf, »Tfl<rl'IS,I«l<1Wy IIHCtl SfrRI<»» W^ 200 3l1^?T<<s|ch ('yl^8!^) an^TwR-fi* <rar 3-n^T ^IIR; Soma •V ST<iTW^fer3n^r Ev4n tHe are. going to fill up these posts. made that the Department is in the of promotion, in accordance with statement, the relief claimed by the In the above term^, the 17-2-2006 & 12-6-20)6 ore quashed Parties are entitled for cer'tii today, at the Bar, a statement has been ^rocess of filling up of these posts by wcy rules. Therefore, in v'sew of the above petitioners' stands answered. betitions are allowed and orders dated <ni<lfa<fti WIcff ^ fec^ <R]+t;l< ^si^irSn^r ied copy of this order. Sdl- C;Bhado° '"".iud9e P.T.O.