mngte Bench qg 2 6 IN THE HIGH COURT OF JUDIGATURE AT BILASPUR C.G. WRIT PETITION No. 46 ZD /2oo4 PETITIONERS (1. N.C. Nikam, S/o. CR. Nikam, Aged about 53 years, Presently working as Asmstant Manager C G State Agrlculture Mktg. (Mandl) Board (Agro Cell) District Office, Raipur (CG) G.P. Upadhaya, S / o. Shivdhari Upadhaya, Aged about 50 years, Presently working as Assistant Manager C G State Agriculture Mktg. (Mandl) Board IAgro Cell) V District Office Janjglr (C G) D.K. Jain, S/o. Shri M.K. Jai, Aged about 46 years, Presently working as Lower Division Clerk, C,G. State Agriculture Mktg. (Mandi) Board (Agro Cell) H.O., Raipur (C.G.) Basha Khan, S/o. Shri Jamal Khan, Aged about 4O years, Presently working as Lower Division Clerk, C.G. State Agriculture Mktg. (Mandi) Board (Agro Cell), H.O., Raipur (C.G) Gautam Bhattacharya, Sg/o. Late Shri R.K. Bhattacharya, Aged about 48 years, Presently working as Accountant, C.G. State Agniculture Mktg. (Mandi) Board (Agro Cell), H.O., Raipur (CG) Daulal Sahu, S/o. Shri Tilu Ram, Aged about 41 years, Presently working as Choukidar, ‘ V C G State Agriculture Mktg (Mand1) Board (Agro Cell), H O Rarpur (C G) db n Ram Lakhan Bari, ' S/o. Shri Shyam Lal, Aged about 45 years, Presently working as Choukidar, C.G. State Agn'cultu’re Mktg. (Mandi) Board {Agro Cell), HO, Raipur (CG) Rikhi Ram Sahu, S /o. Shri Pyarilal Sahu, Aged about 44 years, Presently working as Peon, C.G. State Agriculture Mktg. (Mandi) Board (Agra Cell), HO, Raipur (C.G) 9. Bharat Lal Nishad, _ S/o‘ Shri Sapuwa Nishad, Aged about 51 years, Presently working as Technical Assistant, C‘G. State Agriculture Mktg. (Mandi) Board (Agro Cell), District Office, Raipur(C.G) 10. Ram Bhagat Sahu, S/o. Shri Bihari Sahu, Aged about 5O years, Presently working as Helper, C.G, State Agriculture Mktg. (Mandi) Board (Agro Cell), District Office, Raipur (CG) / 11. Khedanlal Sinha, S/ o. Bisauharam Sinha, /" Aged about 51 years, / Presentlyworking as Operator, CG. State Agriculture Mktg‘ (Mandi) Board (Agro Cell), District Office, Raipur (CG) 12. Vishwanath Nishad, ‘ S / o.‘ Shri Makhan Lal Nishad, Aged about 44 years, Presently working as Choukidar, C.G.‘ State Agriculture Mktg, (Mandi) Board (Agra Cell), District Office, Raipur (C.G) Ashok Kumar Sahu, S/o. Shri Pardeshi Ram, Aged about 38 years, Presently working as Peon, CLG. State Agriculture Mktg, (Mandi) Board (Agro Cell), District Offlce, Raipur (CG) Ram Narayan Yadav, . S/o. Shri Jugul Yadav, Aged about 45 years; Presently working as Operator, C.G. State Agriculture Mktg. (Mandi) Board (Agro Cell), District Ofiice, Raipur (C.G) N.C. Jain, S/o. Shri Makhan Lal Jain, Aged about 42 years, Presently working as Mechanic, CG. State Agriculture Mktg. (Mandi} Board (Agro Cell), District Office, Raipur (C.G) Mohd. Hussain, S/o. Shri Murtuja Hussain, Aged about 56 years, Presently Working as Operator, C.G. State Agriculture Mktg. (Mandi) Board (Agro Cell), District Office, Raipur (CG) A.K. Patel, _ S/ o. Ramadhar Patel, Aged about 49 years, Presently working as Choukidar, C.G. State Agriculture Mktg. (Mandi) Board (Agro Cell), District Office, Raipur (CG) Uttam Kumar Banjare, S /o. Shri Punitram, Aged about 41 years, Presently working as Driller Operator, C.G. State Agiculture Mktg. (Mandi) Board (Agro Cell), District Office, Durg (C.G) Abdul Azij Khan, S/o. Shri Abdul Jabbar Khan, Aged about 5 years, Presently worldng as Operator, C.G. State Agriculture Mktg‘ (Mandi) Board (Agro Cell), District Office; Burg (CG) Samaruram, r S/o. Shri Kalanath, Aged about 52 years, Presently working as Driver, C.G. State Agriculture Mktg. (Mandi) Board (Agro Cell), District Office, Durg (CG) J. Tirki, S/o. Shri Polus Tirki, Aged about 51 years, Presently working as Senidr Accountant, C.G. State Agriculture Mktg. (Mandi) Board (Seed Cell), H.O., Raipur (C.G) D.K. Rajak, S/o. Shri B.L. Rajak, Aged about 43 years, Presently working as Senior Stenographer, C.G. State Agriculture Mktg. (Mandi) Board (Seed Cell), H.O., Raipur (CG) e J.B. Singh, $ S/o. Late Shri M.T. ingh, Aged about 46 years, Presently working as Senior Accountant, C.G. State Agriculture Mktg. (Mandi) Board‘fSeed Cell), Jora, Raipur (C.G) RS. Mukhtiyar, S/ol,Shri V.S. Mukhtiyar, Aged about 51 years, Presently working as Store Keeper Grade-l, C.G. State Agriculture Mktg. (Mandi) Board (Seed Cell), Jora, Raipur (C.G.) Shankar Lal Choudhury, S/ o.Shn' Jagannath Choudhury, Aged about 43 years, Presently working as Driver, C.G. State Agriculture Mktg. (Mandi) Board (Seed ceu), H.O., Raipur (C.G.) Jagannath yadav, S /o. Late Shri Ratanuram Yadav, Aged about 43 years, ' Presently working as Peon, C.G. State Agriculture Mktg. (Mandi) Board (Seed oen), H.O., Raipur (C.G.) ‘1“ \.: RESPONDENTS VERSUS l. / State of Chhattisgarh, Through Secretary, Department of Agriculture, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) 22. 23. 24. 26. ® Managing Director, Chhsgah State Agriculture M B arketing (Mandi) oard (Agra Cell), Old Gnj Mandi Premises Raiur (C.G.) , p attir a QRIT PETITION UNDER ARTICLE 226(227 OF THE CONSTITUTION OF INDIA FQR ISSUANCE OF WRIT IN THE NATURE OF MANDAMUS, CERTIORARI, PROHIBITION AND FOR OTHER SUITABLE WRIT OR WRITS. ORDER OR ORDERS. DIRECTION OR DIRECTIONS ETC. XI-HC-22 -WW,W,W mm m WWW WWffWW %:a1%naa1%31 15.7.2005 ' Shri Ashish Shrivas tava. Advocate for the petitioners. Shri Arun ‘Sao; Deputy; Govt. Advocatg for the respondent No. 1. Heard. The peiitioners, Who are employees 10f the Chhattisgarh State Agriculture Markeh'ng Mandi Boald, have Eed this petition under Articles 226 and 227 of 'the Constitution of India challenging the creation of ‘Chhattisgarh Rajya Beej AVam Krishi Vikas Nigam’ vide the notincation dated 7.7.200 . Learned counsel the petitioners submits that the petitioners apprehend that the pet'm'oners may be transferred and posted in the ‘Chhattisgarh Rajya Beej Avam Krishi Vikas Nigam’, W‘ ‘ h according to the petih'onels, is running in loss. The peti oners further apprehend that their service conditions may e prejudiced invthe case of their posting in the said COIpo tion. Having heald 1 counsel for the petiu'oners and do not nnd that any order of the petitioners with the Corporation has been pa sed h‘ll date when the Corporation was created vide notinca 'on dated 7.7.2004; At present the petin'oners cannot co plain of inhingement of any fundamental, legal or w e perusing the records, hansfen‘ing and po tory rights. The petitioners have (new) f I d g s ' s u XI—HC—22 mam WW wWW not made out any case f Arh‘cle 226/ 227 of the .Co extra ordinaxy jurisdic1i peu'tion is dismissed at t] that the dismissal of this flh'ng of a writ petiu'on, if on account of 1ransfer OI Corporau'on in future. Consequently M(W)P No. 4938/2004 and I.A.No. 92 19/ 2004 stand dispose Satish K. Agnihotri Judge or entertaining this petition under nstitution of India in exercise of the )n of the High Court. Thus the 11‘s stage. However, it is made clear petition will not come in the way of any, if other cause of action an'ses posting of the petiu'oners with the :d of. a ,7 i, Sd/— (ninth?)