HI^H COURT OF JU&ICATURE AT BIL4SPUR CC.S.) WRIT PETITION N0.2037 OF 2003 PEHTZONERs ^>- RESPONDENTS: Vijd Kumar Anant, S/o Late S.R. Anant, Aged Qbout 45 yecrs, (Sub Inspector Transprts), Transport Check Posts ©hutariTola/ Distt. Koria (C.@.) and Presidsnt, Chhattisgorh Tronsport Department, Raipur Diyision Karmachori Sangh, Rdpur Division, Rajpur (C.@.) Versus 1. 2. 3. The Prindpd Secretary, @ovt. of Chhattisgarh, Home (Police) Department, Secretariat, &QU Kaiyan Singh Bhawan, Rdpur (C.e.) The Secretary, State of Chhattisgarh, R.T.O. &epartment, ftaipur (C.G.) Jhe Commissioner (Transport), State of Chhattisgarh, Rdpur (C.0.) POST FGR ORDER ON 29th SEPTEMBER. 2003 Sd/- L.C. Bhadoo Judge September-2003 HI^H COURT OEJUbICAWRE AT BILASPUR (C.^.^ WRnLPETTTION N0.2037 OF 2003 PETETEONER: ?!1' . • " RESPONDENTS: VijQi KumQr Anant/S/o Late S.R. Anant, Aged about 45 yecrs, (Sub Inspector Tronsprts), Transport Check Post; &hutari Tola, Distt. Koria (C.©.)and President, Chhattisgarh Transport Department/ Raipur bivision KarniGchcri Sangh, Rdpur Division, Rdpur (C.0.) Versus 1. The Principal Secretary, @ovt. of Chhatti^arh; Home 0?olice) Department, Secretariat, Dau Kolyan Singh 8hs»j?an, Raipur (C.@.) TTie Secretary, State of ChhattiS9arh, R.T.O. Department, Raipur (C.6.) The Commissioner (Trareport), State of Chhattisgcrh, Rdpur (C.0.5 Present - Shri iViGlay Kumar Bhaduri, Advocotes Shri Rsnbir Slngh Marhas, ©ovt.Advocate^ For the petitioner For the State/respondents Before: Hon'bSe Shrl L.C. Bhadoo. J OR D E R (Passsd on 29th September, 2003) 1. The petitioner has fifed this writ petition in the personai capacity os well as in the capacity of President of Chhatt-isgarh Transport Department, Karmachari Sangh, Raipur, under Article 226/227 of the Constitution of India, chailen9in9 the order dated 9 June, 2003 issued by rsspondent No.l by which 45 empioyses of various posts of 2 Homs bepartment have been posted on deputation in Transport Department. 2. The cass of th©petitioner \s that the petitioner is working as Sub- Inspector in the Department of Transport. Vide order dated 12-09.95, tii€ Commissioner of Co-operatives & Registration, Co-operative Societies MP< transferred the services of the petitioner to Transport Department and the petitioner is at present officiating President of the Chhattisgarh Transport Departmsnt VVorkers Union. The Transport bepartment of erstwhiie State of Madhya Pradesh had issued a notification dated 02.02.85 modlfying the orders of promotions of CJass-IH empioyees of M.P. Transport Department auid this is being foilowed and applied by the 5overnment of Chhati-isgGrh, Aecording to this notification. particuiar percentage has been fixed for borrowing 1+ie services of employees of other departments on deputation. As per this notjfication, for the posts of Transport Inspector and Sub Inspector 15% employees can be taken on deputation from Poiice Gepartment: for the post of A^slstant Inspector no person ccm be taken on deputation; for ths post of Head Constabte 20% empioyees can be taken on deputation; and for 1+ie post of ConstabSe no person can be taken on deputation from other departments. Contrar-y to the Gbove notification, the State of Chhattisgarh, Home Department has passed the impugned order dated 09,06.2003. The impugned order is in contravention of 1+ie notification ond detrimenta! to the workers of the Trai^port Dspartment A representation was sent to the respondent No.3 on 13.06<2003 (Annexure A-6), but nothing has been done. Therefore; the impugned order may b©quashed. 3. Return has fiied on behalf of the respondents In which it has been mentioned that by deputizing the empfoyees of other departments in Transport &epartment, right of the petltioner and other empioyees of Transport &epartment for that matter wiil not be affected, It has 3 been further submitted that the petitioner and six other employees of the Transport Department have dso been promoted on 19.09.2003. It is further submitted that the work of Transport Department is of utmost urgency and importance. Smce the recruitment process has not been initiated as yet, the employees of Home (Poiice) Department have been taken on deputation by the Transport Department^tooking to the urgenc/ ana importance as also the revenue of the ^overnment. Ttiis exercise has been done pureiy on temporary basis untii the recruitment process is started. Therefore, the petitlon be dismissed. 4. I have heardthe learned counsel for the parties. 5. At the out ^t, Mr. ftanbir Singh, the learned Sovemment Advocate has not chalienged the notification which has been made basis of this petition and he argued that the ^overnment wili reeruit empioyees of the Transport Department in accordance with the notification dated 02.02.85 (Annexure A-3). Since after the formation of the Stste, recruitment could not be made In the Transport bepartment, on account of lengthy procedurs. Ttiere are iot of vacancies in the Department that is why as a stop gap arrangement on urgency basis, the emptoyees of the DepartiTient of Poiice have been taken on deputation, ti!l 1+ie regubr recruitment is made, 6. Therefore, on the basis of the return fiied by the respondents as weli as on 1+ie basis of the submission made by the Searned ^ovt. Advocate, I do not find any substance in the grievance of the petitioner. Moreover, vide Impugned order, no empioyee has taken on permanent basis. In view of the above, the wrlt petition is disposed of with the foliowing observations:- As certain empioyees of the Poiice Department have been taken on dspufation, as a stop gap arrangement and 1+iese persons have taken for smooth functioning of tiie Department, therefore, ths petitioner's grievance \s not justified. However, the respondents are directed to start tiie process of fiiiing the vacancies by recruitment and promotion, as the case may be, and they shouid complete this exercise within a period of another one year. r Sd/- L.C. Bhadoo Judge SOMA \-"/