..-i<^f''- ttSig'Si-'^d .•sSS s®'si"" c^- ^6(, ^o IN THE_HIGH COURT OF CHHATTISGARH AT BILASPUR ICHHATTISGARH) W.P.(S)No. (T^-^q /2011 PETITIONER /-: Pramod Upadhyay S/o. Late Kanhilya lal Upadhyay, aged 58 years, working as Asstt. Revenue Inspector/Asstt. Grade - III Municipal Corporation, Raigarh Dist. Raigarh, (C.G.j VERSUS RESPONDENTS / (1) State of Chhattisgarh, through its Secretary, Transport Department, D.K.S. Bhawan, Raipur (C.G.) ^; .•{^•' .^K ^Si^ ^y sp-' ,A" y ^ ^ €?-''• (2) Secretary, General Administration, Department, D.K.S. Bhawan, Raipur (C.G.) /(3) Secretaiy, Urban Administration 8s Development Department, D.K.S. Bhawan, Raipur (C.G.) (4) Commissioner, Urban ^ Administration & Development Department, Directorate, Raipur (C.G.) (5) Municipal Corporation, Raigarh through its Comraissioner, Raigarh Distt. Raigarh (C.G.) ^(6) Chhattisgarh Infrastructure Development Corporation, through its Managing Director, C.I.D.C., Shastri Chowk, Raipur (C.G.) ^ (7) Divisional Manager, Chhattisgarh Infrastructure Development Department, Divisional Office, Bilaspur (C.G.) Rl —.a-an-STKSS^flEUIV^"'" 2- WRIT PETITION UNDER ARTICLE 226 THE CONSTITUTION OF INDIA ^? HiGH COURT QF CHHATTSSGARH : BiLASPUR WRJT PETITION (S) N0.1769 OF 2011 PETITIONER Pramod Upadhyay Versus RESPONDENTS Stste of Chhattisgarh & Others (Writ Petition under Articie 226 of the Constitution of india) Single Bench : Hon'bSe Shri Satish K. Agnthotri, Present:- Shri vinod Deshmukh, Advocate for the petitioner. Shri P.K. Bhaduri, Panel Lawyerfor the State. Shri Pankaj Agrawai, Advocate for the respondent No.5. Shri Ratan Pusty, Advocate forthe respondent No.6 & 7. 2. ORDER(ORAL) nthis 1 day 2011 By this petition, the petitioner seeks a direction to tfte respondents, to a&sorb the oetitioner in service on the around of being the emDlovee of the erstwhile Madhva Pradesh State Road Transport Corporation (for short "MPSRTC"). Further, the petitioner may be considered for absorption in the post of Assistant Revenue InsDector/Assistant Grade-llt. The Detitioner also pravs for quashment of the notice dated 03/07/2010 (Annexure P/1), whereby the petitioner was directed to be superannuated w.e.f. 31/07/2011 (A.N.) Learned counsel aDpearing for the oarties submit that the issue with reaard to absorotion of the emplovees of erstwhiie MPSRTC, came into consideration in the matter of A.K.DvMvedi v. State of C.G. & OVTers . Th's Court, after hav'ng considereci a!i the facts, passed the order as undsr: "Takinq into consideration the facts and circumstances of the cas®, the policy of Absorption, the Rule of Absorption framed by the Stats Government in the matte"' of absorption of empioyees of erstwhile MPSRTC and further W.P.(S5 N0.4245 of 2010, decided on 06.03.2010 is :k. that larg® number of employees have already been absorbed in various departments of the Government in implementation of the Absorption Policy and that the pstitloner is going to retire on 31sl August, 2010, if is directed that the case ofthe petitioner for absorpt'on shal! be considered by the concerned respondent authorities, strictiy in accordance with the Ruies of Absorption framed by the respondent No.1, as expeditiously as possible." The ratio was further considered in O.P.Singh v. State of ChhaWsgarh & Others in W.P.(S) No.5521 of 2010, which v/as disposed of on 21.01.2011, relying on the order passed by this Court in A.K. DwwecS . Having regard to the facts situation of the case, since the petitioner Is going to retire within two years, his case may be considered at the eariiest as Dossibie. In view of foregoing, this petition is disposed of with a direction to the resoondent authorities to consider case of the petitioner for absonstion. in accordance with the ruies of absorption and poiicy of th^ Ststs !H tsrms of ths Qfdsr ossssd in A.K.DwlvBdi 2A'^otfl S^fett^ASe Arun