^ c ^ H° BEFORETHEH^'Bi^HreHCQURTOFCHHATriS<3nRHATB!LASPUR W.P.NO:^o^-WOQ4 1 Chhattisgarh Rajya Parivahan Karmachari Mahasangh, Raipur Regd. UnderRegn No. 183/RYPf74 Raipur (CG) Regd, Office New Bus Stand, Pandari, Raipur (CG) Through Its: Generat SecretaryAvadesh Pratap Singh 2 Avadesh Pralap Singh, (EX-Booking Agenty MPSRTC,Raipur D^jot No.T) Presently onDisputation To Nggw Panchayat, l^ivan as As^. Gr.tll Rto- ' ' ' 3 Narayan Prasad Sharma S/o: Shri.Jagannath Prasad Sharma; (Ex-Conductor, MPSRTG) Presently posted as: Asst. Revenue Inspector Kashdol, Dist Raipur (CG) Rto; Azad Ghowk. Bramhan Para, Raipur (CG) \0^ ^..^" ^-i-<I uf -ffi^-S^ ^s^'7 Iqbal Ahmed, Sto; Shri Mery Khan, (Ex-Dnver,MPSRTe) Pressentiy posted as Driver m the State Garage, ©ovtof ChhattiSgarh, Raipur R?o: iyioudha Para, Raipur{CG) .^s^>\ ?:'^so-3." ^<c6*"', . -•"" Petitioners 1 K ^rVV^^S^^SS^. ^f^ Vs ,, -1 : • ! : . ' StateofehhatBsaarh Throiigh" Secretary Home Deptt. DKS Bhavan, Raipur (CG) Stata of Madhya Pradesh, ihrcHigh: SecretatyTransportDeptt, jltabh Bhavan, Bhopal (M.P) fnaging Director, lidhya Pradesh Road Transport Corporation abjbGanj Bhopal (M.P.) Managing Directw, '^ -- Chhattisgarh tnfrastructure Oevefc^iment Corpori Mear Mantrataya, • Raipw <CG) Respondents ^ WRiT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTIONW WDIA FOR fSSUROFWRITOFMANOAMOUS/CERITORIORDIRECDQNOFLIKENATURE. »"! ''-> HIGH COURT OF CHHATriSGARH AT BILASPUR ^ Writ Petition No. 2325 of 2004 Petitioners Chhattisgarh Rajya Parivahan Karmachari Mahasaagb & others ^^ A Versus Respondeats StateofCtihattisgarh and others And Writ Pctition No, 3064 of 2004 itsi a;r Petitioners Clihattisgarh Rajya Parivahaa Kannacbari Mahasangh & others Versus Respondents State of Chliattisgarh and ofhers SB: Hon'ble Mr. Justice Satisb K. Affiiliotari, J Shri N.K. Vyas, Advocate for the pefitioners. Smt. Anju Ahuja, Deputy Govermnent Advocate for the respondent No. 1. Sbri Sanjay Patel, Advocate for fhe respondent No. 3. Sbri Ashok Vaishuav, Advocate for the respondent No. 4. ORAL ORDER (6<h July, 2006) The foUowing order of fbe Court was passed by Satish K. Agnihotrl, J. 1. Learaed counsel for the petitionera submits that tbe petitioners in W.P. No. 2325/2004 and W.P. No. 3064/2004 were mitiaUy appoiated by the Madhya Pradesh State Road Transport Corporation, constituted by the undivided State of Madhya Pradesh. 2. By n.0tification dated 27th Deceinber, 2002, issued by the Govemment of India, Ministiy of Road Transport and Highways, the Madhya Pradesh State Road Transport Corporation was abolished. The petitioners who were allocated to the State of Chhattisgarh became jobless. Tfae State of Cbliattisgarh in its retum has stated as iinder:- 4' ^ •^•-y '•^- ^' ki» "A Poficy is frained for deputing the employee in various department of Govenunent with the inotive to absorb them in respective department and accordiug to that policy onty the employees are being sent on deputetion. The poUcy as fi-amedis on. Annexure R-2. That fhe iinpi^ned order uader chaUenge in ttus petition itself veiy emphaticalfy lays down that tbe general rules of deputetion shaU not be applicable for the employees working wifh the erstwhile M.P.S.R.T.C. , , ; and who have beea issued piirely as a matter of rehabilitation to accominodate these employees of MPSRTC aUotted to C.G. in di£Ferent departments. Further, it is submitted that the same orier also specificalty holds that the said policy was fi'amed as rehabilitation arrangeinent made for fhe employees of the erstwhile M.P.S.R.T.C. the emptoyees ofwhich after the bifiucatioa were attached to tfae services wifh Chhattisgarh Infiastrurture Developnient Corporation." 3. Iu view tlie categorical statement laade by fhe State of Chliattisgarh in the retum, the State of ChUattisgarh is directed to consider the cases of the petitioners for absorption and deputation, in accordance with fheir policy decision as stated-above, within a period of three inonfhs from today. • 4. For the reasons steted-above, the writ petitions stand disposed o£ No order as to costs. — — 7-'"~ ° Satish K. Agmhotri Judge 4' 'l"- ;blu