A H!GH COURT OF CHHATTSSGARH AT BiLASPUR /•' SinMeBench Hon'bie Shri H.L. Dattu. CJ. Petltioiier Respondents Writ Petition No.330of2001 Virendra Verma, age 35 years, S/o Shri Nanaku Ram Verma, Chowkjdar, Rural Electric Co-operative Society Ltd., Charama, Distt. - Kankar (C.G.) versus 1. Rural Electric Co-operative Society Ltd., Charama, DJstt. - Kankar (C.G.) 2. Managing Director, Rura! Eiectric Co- operative Society Ltd., Charama, Distt. Kankar (C.G.) 3. Joint Regsstrar (L.D.B), Co-operative Commissioner and Registrar Co-operative Societies, Govt. of Chhattisgarh, Krishak Nagar, Lokhandi, Raipur (C.G.) 4. The Joint Secretary (P-2), Chhattisgarh State Electricity Bqard, D^aniya, Raipur, Tahsll and Distt. Raipur (C.G.) 5. Chsef Engineer (Vlgiiance), | Chhattisgarh State Eiectricity Board, Gudsyari, Raipur (C.G.) Present : Shri Rakesh Anthony, oounsel for the petitianer Shn A.S.GahanA^r, counsel for respondents No.4 and 5. ORAL ORDER (Passed on 22nd IVIarch, 2007) The petitioner had josned the sen/ice of first respondent ~ Society as a Line HeSper sometime in the year 1989. Thereafter, he was regularized by tne first respondent - Society as a Chowkidar. The first responderrfc - Society was taken over bythe second respondent sometime in the year 2002. (2) The terms and conditions of the agreement between the first respondent and the second respondent ^ere that the empioyees worRjng in the first respondent ~ Society will be absorbed by the second respondent and necessary work wouid be assigned to them depending on the work they were doing eariier and also the quatifications that they possess. (3) The second respondent taking into consideration the post that the petitloner was hofdlng and also the quaiification, has regdtarized his services as a Security Guard. Aggrieved by this action of the second respondent, the petitioner is before this Court seeking a \A/rit In the nature of certiorari to quash the order passed by the seoond respondent dated 27-6-1998 and the other retief sought is to direct the respondents to reguiarize his semoes only in tne post of Line Helper instead of Security Guard. (4) Learned counsel appearing for the petitioner vehementiy contended that the respondents ought to have absorbed the services of the petitioner in the post of Heiper and not in the post of Security Guard. Therefore, it is stated that the actlon of the second respondent is arbitrary and i!!egai. (5) Per contra, learned counsei appearing for respondents No.4 and 5 would submit that a clause in the agreement between the first respondent and the second respondent would authorize the second, respondent to absorb ser^ices of the employees working in the first respondent - Society in the post that they were holding when it was taken over by the seoond respondent and aiso depending upon the quatifications that they v^ouid possess on the date of takjng over ofthe first respondent - Society by the second respondent. (6) The oniy question that wouid arise for my consideration and decision is whetherthe action ofthe respondents is justidabte. (7) Admittedly, the first respondent ~ Society is taken over by the second respondent While taking over, there was an agreement between the first respondent - Society and the second respondent to absorb the servioes ofthe emptoyees working in the first respondent - Society. The clause also provides that as far as possible the persons working in the ftrst respondent ~ Sooiety shai! be absorbed in the very same post that they were holding in the first respondent - Socjety. Apart from this, it would aiso indicate that the absorption ,\. a3psnf jaiq3 'AiBujpjoooe pajapjo 'pBpafej spue^s uoi^^d ^!JM 94} iAj6u!pjooov 'pe^uejB aq puueo uoj^^ed ^UM siiji uj jauoi^^d 9i|i Aq JG^ ^6nos pjiej 94^ 'ejojejeMi i86a[|i jo ^eJ^qJe jeu^o sj s^uepuodsej eij^ p uojpe 9i<l ^41 >)U!4} pu op j 'jeyeuu 9i|} p M9{A ^eqi. uj •je69|j} jo Ajej^qje se jayiia p9zu9p9J9uo aq puueo ^uepuodsej puooas 94^ p uoipe aq^ ^ajA Auu u! pjsno /4uno9g se jeuoi^pd 941 p seoiAjas aifi peqjosqe 9Aei< s^uapuodsej 941 <p9SS9ssod ey ^ij^ uoi^oyiienb |euo{^onp9 eq^ uoi^japfsuoo o'4Ui 6u!>j9i. osie pue jepj>|Moyo s^ BU!>|JOM seM jauoitiied 94^ ^M^ uojiejepisuoo o^uj Bui^ei •^uapuodsej puooes eq^ U^IM eiqeiieAe pu si jepoj^oMO jp ^sod 941 'jep^Moiio j.O >jJO^ 94^ UU14 p9U6!SS9 peij A^ioos - luepuodsej ^sjy 941 'Aiieiiiui J9dj9H 9U11 9 S9 pa^uiodde uaeq pey MBnoqi jauoi^ied aq^ 'aseo ^u^su} au^ 01 (s) •uoiidjosqeeij^^o e^p 941 uuoj^ ssassodpinoM uosjed eq^ ye^ suoi^oyiienb 941. uo puadep p|noM ':^ s..