^tsss91-^. ^ss^"; '^ IN THE HIGH COURT OP CHHATTISGARH : BILASPUR Wiit Petition (S) No. 4017 of 2007 •f' Petttioner D. S. Thakur, aged about 46 yeans, S/o Shri H.R.Thakur, R/o Village Pali, Tahsil & District Mahasainund (C.G.) Versus Respondents 1. State of C.G. tbrougti fhe Secretary, Department of Panchayat & Rural Development, D.K.S. Bhawau, Raipur (CG) 2. Janpad Panchayat Basna, Through the Chief Executive Officer, Tahsil & post Eiasiia, Distt. Mahasamuad (CG) 3. Pratap Choudari, aged about 48 years, S/o Shri Not Known, President Basna Maadal, Bhartiya Janta Party, R/o ViUage - Palsa PaU, Post Bhafwarpur, Block Basiia, Distt. Mahasaiuund (C.G.) WRrr pETrroN UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. (SB: Hon'ble Sfari Satisfa K. Agnihotri J.) Shri Syed Majid, Advocate with Ms Siuuta Jain, Advocate for the petitioner. Shri Arun Sao, Govt. Advocate for the respondent No. 1. ORDBR (Passed on this 10th Day pfFebmaiy, 2009) 1. The petitioner impugns the order dated 30.6.2007 (Annexure P/1) on. fhe ground that the deputation cannot be mwle wlthout prior consent offhe employee conceraed. 2. This Court issued notice on 11.7.2007 and directed for inaintaining status quo. Pursuaat to the interun order granted by fhis Court, the petitioner continued on the post for inoBB than 18 laonfhs. 3. Leamed couusel appearu^ for fhe respondent No.l/State submits that it is not a case of deputation but it is a suuplicitor teansfer. On perusal, it appears, fhat the conteiition of lcamed couasel for the respondent is eorrect \as--^ ?^ Siace ttie petitioner Iias atready reinamed on the origiaal post for about 18 inonths, at this stage it is not necessary to adjudicate upon the legality aad validlty of the inipugaed order. It is expected that ttie respondents shall not iasist upon coinpliauce ofthe impi-^ned order dated 30.6.2007. However, they are at liberty to pass aa appropriate order, keeping ia view pubBe iaterest aud adimnistrative exigcncy, ifso advised. In vicw of the foregoiag, this petition staads disposed of. Interun order dated 11.7.2007 is vacated. No oider asto costs. Thakur Sd/- Satish K. Agnihotri Judge