High Court Of ChhattisgarhCONT/389/2016disposed off

Sudhir Kumar Tiwari v. Shri S.L. Nayak

2016-09-08Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 389 of 2016 Sudhir Kumar Tiwari S/o Late Shri R.S. Tiwari, Aged About 53 Years Presently Posted As In-Charge Executive Engineer, Rural Engineering Service, Division- Dhamtari, District- Dhamtari, (Chhattisgarh). ---- Petitioner

Versus

1. Shri S.L. Nayak Presently Working As Joint Secretary, State Of Chhattisgarh, Department Of Panchayat And Rural Development Department, Secretariat, Mahanadi Bhawan, P.S. And Post- Rakhi, New Raipur, District- Raipur, (Chhattisgarh).

2. Shri C.R. Prasanna, Working As Collector, Dhamtari, District- Dhamtari, (Chhattisgarh).

3. Daya Shankar Panigrahi, Working As Chief Engineer Rural Engineering Service, Office Of Commissioner- Development, Raipur, District- Raipur, (Chhattisgarh).

---- Respondents For Petitioner :

Shri Vinay Pandey, Advocate For State :

Shri R.K. Gupta, Dy. Advocate General S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/09/2016 Heard.

1. This petition has been filed by the petitioner alleging disobedience of the order dated 3.8.2016 passed by this Court by which reversion of the petitioner has been stayed.

2. Learned counsel for the petitioner submits that despite order of the Court, the petitioner is not being allowed to work as In-charge Executive Engineer at Dhamtari where he was posted at the time of passing of the order of reversion which was later on stayed.

-23. The effect of the interim order would be that the petitioner shall be entitled to continue on the substantive post of Assistant Engineer as his reversion from the post of Assistant Engineer to Sub- Engineer has been stayed. The petitioner could not claim to continue as In-charge Executive Engineer. If the respondent does not want to continue the petitioner as In-charge Executive Engineer, they are required to post the petitioner anywhere else but only on the post of Assistant Engineer and not Sub-Engineer.

4. A copy of this order passed by this Court shall be placed by the petitioner before respondent No.1 under acknowledgment of receipt and thereafter respondent No.1 shall pass necessary order with regard to posting of the petitioner or direct any other subordinate authority to pass order with regard to posting of the petitioner on any post of Assistant Engineer.

5. With the observation and direction as above, the petition is finally disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen