<^^- {es-cr)^ S?SSI.E fi'ENSN(y IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRITPETITION(S)No. ^t/^" /2010 PETITIONER A. K. Dwivedi, S/o. Late R. L. Dwivedi, aged about 58 years, R/o. Quarter No. W/28, Yadunandan Nagar, (Tifra) Bilaspur (C.G.) ^ RESPONDENTS ...e* ^y^^- ',<7/{-<^':'' .^' v&%^-""" ^•••^y' ^"'^' ^^- VERSUS 1. State of Chhattisgarh, through its Secretary, Law 85 Legislative Department, D.K.S. Bhawan, Raipur (C.G.) ^2. Secretary, General Administration Department, D.K.S. Bhawan, Raipur (C.G.) 3. Secretary, Transport Department, D.K.S. Bhawan, Raipur (C.G.) 4. Chhattisgarh Infrastructure Development Corporation, through its Managing Director, C.I.D.C., Shastri Chowk, Raipur (C.G.) WMT PETITION UNDBR ARTICLE 226 OF THE CONSTITUTION OF^NDIA HIGH COURT OF CHHATTISGARH : BILASPUR SINGLE BBNCH : HON'BLE SHRI MANINDRA MOHAN SHRIV^STAVA^J. PETITIONBR WritP^tition(SiJio,4245/201Q A.K. Dwivedi Versus RESPONDBNTS State of Chhattisgarh aiid ofhers Petitlon u/A 226 ofthe Constitutioa oflndia Appearaiice: Shri S,P. Kale & Shri Viaod Deshiaukh, counsel for the petitioner. Shri V.V.S Murtliy, Dy, Advocate General for the State, on advaace copy. ORAL-QRDBR (Passed 0116.8.2010) Heard on admission. 2 The petitioner has. approached tliis Court aggrieved on account of iaaction on fhe part of respondents ia not taking fixial decision wifh regard to petitiouer's absorption under the Scheine of Absorptiou prepared by tlie Goverainent for absorptiou of surplus eniployees of ersfevhile Madhya Pradesh State Road Transport Corporation (in short "M.P.S.R.T.C."). 3 Submission of learaed counsel for the petiuoner is that tlie petitioner was iaitially appoixited as Lower Division Clerk ia ersfr^^hUe Madhya Pradesh State Road Transport Corporatiou ia fhe year 1979, After rc~ orgaaization of State, Madhya Pradesh State Road Transport Corporatiou was dissolved and assets aad Mabilities were apportioued befcveen the successor State of Madhya Pradesh and State of -2- Chhattisgarh. Services oftlie petitioner were placed uiider tlie disposaA of Chhattisgarh Infi-astracture Development Corporation (m short "CJ.D.C/'), The petitioner was sent on deputation to Departsiient ofLaw 85 Legislative AfFairs, Govt. of Chhattisgarh on fhe post of Assistant Grade -III vide order dated 7.2.2003, where the petitioner is presenUy workiag. It is further submitted th.at fhe Goverrunent has taken a policy decision to absorb the sendces of employees of erstwhile M,P.S.R.T,C., who were workixig in deputation ia different Cox'porations and Departaients ia fhe State aa.d a Rule of Absorption was frasaed and circulated to all the departments vide memo dated 10.12.2007 (Annexure P-3) foUowed by letter dated 13.8.2008 (Annexure P-4). On 9/2,2009 (Annexure P-5), aaother Circular was issued to all the departments, directmg that direct recruitments may not be made agamst available vacaacies, nntil services of all tlie employees of erstevhile M.P,S.R,T.C. are absorbed, It is submitted that m iaiplenientation of fhe aforesaid poUcy of absorption, nuniber of ertiployees of ersfrvi^hile M.P.S.R,T.C, have been absorbed; sonieoffhose orders have been placed on record as Annexures P-6, P-7, P-8 & P-9. 4 Learo.ed counsel for tlie petitioner subnxits fb.at as the petitiouer is attainiag fhe age of superaanuation, reflected froni inenio dated 9.10.2009 (Annexure P-10), representations have been made to expedite fhe absorption under the Absorption Rules, but fhe saiiie has not been fiiiaUzed, 5 Takiag uito consideration fhe facts aiid ctrciimstaaces of fhe case, fhe Policy of Absorption, fhe Rule of Absorption frained by fhe State Govemment m fhe matter of absorption of employees of erstwhile M.P.S,R.T.C. aad furtlier fhat large nuniber of similarly situated -3- Praveen employees have already been absorbed in various departaients of the Goveminent io. toiplenientation of fhe Absorpfion Policy and fhat the petitioner is goiag to retire on 31st August 2010, it is directed that the case of fhe petitioner for absorption shall be considered by the concem.ed respondent- aufhorities, stdctiy ia accordance wifh the Rules of Absorption fraisied by respondent No.l, as expeditiously as possible. 6 Wifh fae aforesaid direction, tixe petitioii is finatly disposed off. 7 Consequently, I.A.No.l also staads disposed off. Sd/- ManindraMobanSlu-ivastava