Ramsewak Sharma v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 2001 of 2021

1. Ramsewak Sharma S/o Late Shri Hukum Pd. Sharma Aged About 58 Years Presently Posted As Assistant Revenue Inspector At Nagar Panchayat- Berla, Tahsil- Berla, District- Bemetara (Chhattisgarh) ---Petitioner(s)

Versus

1. State of Chhattisgarh Through Its Secretary, Department Of Transport, Mahanadi Bhavan, Village- Rakhi, New Raipur, District- Raipur, CG.

2. Secretary Department Of Urban Administration And Development, VillageRakhi, New Raipur, District- Raipur (Chhattisgarh)

3. Director Department Of Urban Administration And Development, Indrawati Bhavan, Village- Rakhi, New Raipur, District- Raipur (Chhattisgarh)

4. Chief Municipal Officer Nagar Panchayat- Berla, Tahsil- Berla, DistrictBemetara (Chhattisgarh) ---Respondents For Petitioner :

Ms. Richa Pandey, Advocate.

For Respondent State :

Shri Jitendra Pali, Dy. Advocate General.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09.06.2021

1. Learned counsel for the petitioner would submit that the petitioner was working in the erstwhile M.P.S.R.T.C., however after creation of the State of Chhattisgarh a separate Road Transport Corporation has not been constituted in the State of Chhattisgarh, therefore, his services were placed in the control of respondent/Chhattisgarh Infrastructure Development Corporation (for short 'C.I.D.C.'). He would further submit that the State Government has issued number of circulars deciding to absorb services of the employees working in the erstwhile M.P.S.R.T.C in various Corporation/Mandals in the State of Chhattisgarh and in furtherance of the said policy several employees have already been absorbed.

2. Learned counsel would further submit that for the present, the petitioner would confine his prayer for issuance of direction to the respondent authorities to take a decision on the representation pending before the

-2said authority. He is restricting his prayer in view of the order passed by this Court in the matters of O.P. Singh Vs. State of Chhattisgarh & others, WPS No.5521 of 2010, Abdul Hakim Vs. State of Chhattisgarh & others, WPS No. 473 of 2013, Uttam Kumar Sharma Vs. State of Chhattisgarh & others, WPS No. 473 of 2013, Raju Pandey & others Vs. The State of Chhattisgarh & others, WPS No. 1220 of 2013, Nandkumar Vaishnav & others Vs. The State of Chhattisgarh & others, WPS No. 1458 of 2013 and Chandrayan Singh Thakur & others Vs. The State of Chhattisgarh & others, WPS No. 2128 of 2013.

3. In view of the above, the writ petition is disposed of with a direction that in the event, the petitioner submits fresh representation before the competent authority within a period of four weeks, the said authority shall consider and decide petitioner's representation in an objective manner keeping in view the circular issued by the State Government from time to time, considering the fact that CIDS has sent the petitioner on deputation through Nagar Panchayat, Berla, District Bemetara under respondent No.4 where the petitioner is still working, as also the orders of absorption passed with respect to the similarly placed employees, as early as possible, preferably within a period of three months from the date of submission of representation.

4. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall decide the matter, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case.

5. With the above observation, the writ petition is finally disposed of. Sd/- (P. Sam Koshy) Judge inder