IN THE mGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH 'IJS'5"?l,E W , '-l'-^t —~:'S '^J ki^7 U j W.P.No^?^ /06 PETITIONER -•••'. ^. Al^yy ^y ^sc/ v<<w/ ./^^w ^y <^-" ^' RESPONDENT JU-W :-ar^yi .^ME •* %y^ p6 |&fc Om Prakash Awadhiya S/o Late Shri B.L. Awadhiya Aged about 50 Yrs. Sub-Engineer, Presently posted at, Water Resources Department Baikunthpur Division, Distt. Korea VERSUS 1. StateofC.G. Through : Secretary, ^" Water Resources Department, D.K.S. Bhawan, Raipur (C.G.) 2. Secretary, Panchayat and Gramin "' Vikas Vibhag, D.K.S. Bhawan, Raipur(C.G.) 3. Engineer-in-Chief, Water Resource Department, •' Raipur (C.G.). /RIT PETITION UNDER ARTICLE 226/227 OF THE CONSTrTUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WiRLT, WRITS. ORDER. DIRECTIONS ETC. XI-HC-78 3^ •<11<11<?1<1, 9Tn<-l'IS, l°K'fiyy HWWI SbHlch ^ 200 W^ T3W (li?^q<^tT) an^rw^iw (IW STI^ff Shxiqi WBIWnf?(T3Tl^T 'hiifd'll'i *<i*i<iTffteid'<Riwi< ^r3ri^iT3n^r \ 3222/2006 14-7-Z006 W.P.Nos.2921/2006. 2877/3l 2882/ZOQ6, 2906/2006, 2933K^06, 2942/2006, 2960/2006, 2996/Z()06, 3045/2006, 3079/2006, 3081/2406, 3189/2006, 3205/2006, 3246/2006,3417/2006,3418/2006.1 Petitioners by Shri Kanak Tij Shashi Bhushan, Shri AAanoj Paranjp| Sunil Otwani, Shri Sautam Khetrapal R.S. Shrivastava. Shri Rakesh Kumar 5tate/respondents by Shr'i ff Shri V.V.S. Murthy <& Shri 6.K. Beriw|il. Bajoj. Sovernment ^dvocate for ttie Shri R.P. Mandal, SecretaryJ Shri N.S. Bhadoriya, Eng'meer-'m-Ch^ Haldkap, CEO, C6RRM; 5hri S.K[ Services; Shri S.N. Shrivastava, Sup|erinti Officer-in-Charge, and Shri Suboi|l Resources Departmentd & Officer-in Heard. By these writ petitions, the| Water Resources Department, have 2-2006, whereby they have been sen\ 006, 2878/2006, 2879/2(X)6, 28SO/2CX56, 2938/2006, 2940/2006, 2941/2006, 2998/2006, 3000/2006, 3044/2006, 3344/Z006, 1563/2006. 3177/2006, 3224/2006, 3225/2006, 3240/2006, Ixari & P.K.C. Tiwary, 5r. Advocates with Shri fc, Shri Jitendra Pali, Shri Vinay Pandey, Shri Shri A.K.. Prasad, Shri Maneesh Sharma, Shri 3'ha. '.K. Verma, /tdditional /Idvocate Seneral with I, Deputy Advocate Senerals and Shri Sumesh Stnte. Panchayat & Rural Development Deportment; ief, Water Resources tSepar.tment; Shri M.L. Supta, Chief Engineer, Rural Engineering erintending Enqmeer, PM6SY, Circle! Raipur & Ih Shrivastava, Executive Engineer, Water •Charge are present in Court. petitioners, who are Assistant Engineers in Aallenged -the orders dated 12-6-2006 & 24- on deputation to various other Departments. XI-HC-78 d-ocf •<ll<lld<l, wrflu'Ko f5|cfW^< *11*1MI S(i*fT^ •an^T^iTf^ra; (T8IT3n^Tg>ITR CTq; 200 3Ti^?TTEra7 (<pfgg^sr) ??aTWHfltT3n^r ^rafe^ WRft'ff fec^ (RRSTC ^ari^Tsn^T A-t the outset, Shri Pramod \ they have no objection. Shri Kanak Tiwari, learoed 5, affidavit along with Minutes of ee\ there is every apprehension that ^ scheme in respect of the petitione ermd & Shri V.V.S. Murthy made a statement before -the Court that if the impugrjed orders dated 12-6-2006 & 24-2-2006 are quashed in respect of the petitione^s who have filed petitions before this Court, ^nior Advocott, submitted that a copy of the ling dated 6-7-2006 has been filed, therefore, he respondents may pass orders under that •s and it will affect the petitioners' interest. Therefore. he wants to file a countel' affidavit. The prayer of learned Se^iior ^cfvocate Shri Kannk Tiwari cannot be acceded, for the reason -that in| these writ petitions, the petitioners have questioned the legality and corr^ctness of •the orders dated 12-6-2006 & 24-2-2006 and moreover. •the so d 6-7-2006 are not the subject matt| alled guidelines prepared vide A<inutes datec! sr in these writ petitions and the respondents have not passed any order under fhcjse guidelines, so far. As such, the prayer mflde by Shri Kanak Tiu/ari is rejected. In view of the statement r^ade at the Bar by Shri P.K. Vermo and Shri V.V.S. Murthy in presence of thi 12-6-200(, & 24-2-2006 whereby 1| Resources Oepartment as ^ssistant Officers of •fhe State, the orders dated he petitioners, who are wprking in the Water Engineers and have been.ient on deputotion to various other Departments are quas^ied and their writ petitions are allowed. Parties are entitled for cert fiecf copy of this order. Sd/- L.C.Bhadoo Judge