HIGH CQURT OF CHHATTISGARH BILASPUR RIT PETITI ) O 58120 ETITINE antos umar arma o Late aimanl Sharma agn about 48 ear orkm s Sub Enginee anp an¢ay- hankararh Distt Sur CG ae of Chhattlsgarh Through th: dd‘tmnai ecretary eparkmen o anchaa ural evelopmen ahtrala a Rat CG tte-o Chhattisar hrouh th ecretar ep’artme o Wate eource antrala‘é, D.K.S.' Bawan e ef xecuve hhattisgarh Rura' oad Development' Authority, Vikas hawan, Raiour (C G n a a cja evelopmen hhat‘tisgarh aip ief Executw fcer anpa ancayat Shankargarh Distt Suruj WR PETITN DER OF THE CONSTITUTION OF iNDiA Ance ppeara IT IG UN ARTICLE 226 f t n M K petitioner r A Yadav Advocate for the Mr ury y dvocate General With Mr R Tripath ane Lawyer for respondent No 1 to 4 r liPi “ r Panka] S ‘ivastava Advocate i'SNL KU J UI MAR SINHA Hd f pes ear inaily With the consent of teamed counseifor the arti e petitioner is ub-Engineer He was Initzaii apomted i th ater esources epartment By an earlier order the etitioner was sen n eputation to te Rura Engineering Services of the Panchaat and ura Deveopment Deartment The etitioner continued in the said epartment Without there being any absorpion or reatriation to his aren epartment ln te meanwhile by the impugned order dated O1 10 200 nnexure . 1, the etitioner, Without his consent has e fe 'W ON (S N 509 POR Sh K Sh S/ 3hr! L ys ‘Wg ‘a r Jad Phgt sg gwa () VERSUS Stt e A S, Dt f Pyt & R Dt Mga, DKS Bhawn pur ()' :Sexf gh Tg e Sy Dht _ f r Rs; My h, Raipur (C.G.) Th Chi Eti C l R h B ) The Chief Engieer Grm ‘Sadék Yn‘i Dt C Rur 'Ch e On Jd” ' 5 Ph ga RESPONDENTS Pradhan Mantri Ofice of he Commissioer, VV S Mth D A ,, M f0 Th S y p e ’W R D p t o d h l y ?’ A Rl t p p « _.,d t p pt d h 8 (A P ) p , ben transerrd i 2 WRET ?E'§'!T£GN €$§ NC. §§8326€i§ to Praiect :mpfementatian Unit NOJG‘ Ps‘adhan Mantri ramin SadaK Ycgna, Pmm Nagar, Di5’trict $argu1a, which accorciing £0 me peti‘iiomer, is not a par? of the Panchayat and Rwal Devempmergt Department. This order E5 under chai¥enge ih the present writ petiticm. Learned Gounser for the perstioner submirs that after sending on C‘ieputatrar: t0 a particurar department, an empioyee can be repatréateci to his parsnt department and no other order regarding his further deputatieh can be passed wétheut his repatriation. lr1 the preeent caees ever: without repatriatien anti without obtaihihg any coneent irern the petitioner‘ the impugned order of transfer dated Oi 10.2008 has been passed. Thie Court white entertaining the writ eetition, passed an interim i ’2‘ order on 30.01.2003 and directed that “Effect aha operatien 0f the impugned order dated 0’! 10.2008 (.Annexure-P-t), so far as it relates to the petitieher, shat! remain stayed tiii the next date of hearing.” Learned counsel for the hetitioner submits that the petitioner is stiii werking tn Rurai Engineering Sewices on the strength at the interim erder passed by this Court on 30.01 .2009. He aise submits that in many other identicai matters. in which. the empioyees were transferred by the said common order dated Qt 10.20%. teamed Denuty Advocate Generai appearing for the State had submitted that tiii the finai order of the reeatriatton 0t the eetitioner to their parent department is passed, the aforesaid impugned transfer order shaii not be given effect to. Mr. VHS. ttteathy, Dy. Advocate Generai appearing on behalf ’i’ of the State is taking simiiar stand. He atso does not dispute the above tegat posttion stated by the iearned counsel tor the petitioner. Learned counsel for the parties also admitted that in a simitar oetition i.e. WP. (S) No. 5593009, the impugned order relating to the petitioner of the said petitioh has been quashed on the above groueds. Having heard iearned counsei for the oarties. having regard to the facts and circumstances oi the case, the impugned order dated 0‘; .10.2008, so far it relates to the petitioner. is set aside. The petition stands finaiiy disposed of. No order as to cost. G